EEA2 Leaving UK for 12 months due to childbirth

[way2soleil]

Hello,

I am planning to leave the UK to give birth in my home country (non-EEA), and I am currently here as a partner of a French citizen (still waiting for my EEA2 permit).

I have to go home for my maternity leave as I am not entitled to SMP from my job, and my partner's income won't cover the costs.

As far as I know, childbirth is one of the reasons to leave the UK for up to 12 months without affecting one's immigration status.

My child will have French citizenship, I am planning to spend all of my maternity leave in my home country and return to the UK at the end of it.

Please help me find out what I should do to avoid problems
- when reentering the UK

- with my immigration status when I apply for ILR.

Thank you in advance for your kind advice.

[Ben]

Please help me find out what I should do to avoid problems
- when reentering the UK

Use your Residence Card if you have it by then, otherwise apply for an EEA Family Permit.

- with my immigration status when I apply for ILR.

After 5 years residence in the UK in conformity with the Directive, you will acquire Permanent Residence. You will not apply for ILR.

[Directive/2004/38/EC]

Are you married?
Will you have your Residence Card by the time you leave?

You might want to consider having the baby in the UK and then travelling home with the baby. Generally it is pretty easy and nice to have a baby in the UK. The child will also be immediately british if either of you have been in the Uk for 5 years at it's birth, or can be registered as british as soon as either of you reach that milestone.

[way2soleil]

Dear Ben,

Thank you for your informative reply.

Would you please explain to me the difference between ILR and Permanent Residence?

[way2soleil]

Hello Directive/2004/38/EC,

I appreciate your speedy reply. I wish I could give birth here, but then I wouldn't want to subject my newborn to an airplane flight:)

Re British citizenship for my child: I have already been in the UK for 5 years, but only a year as a EEA family member.

Does it mean my child still gets the citizenship?

My husband has been in the UK for less than 5 years.

[Directive/2004/38/EC]

In my experience small babies travel pretty well. It is the parents who are tired, but then they always are... :-)

At least one of the parents has to have one of the following for the baby to be born British in the UK:
- ILE
- ILR
- Permanent Residence
- Irish citizenship
- British citizenship

[Obie]

Please note that you are only allowed the one 12 months absence. After that, any absence will after your ability to acquire permanent residence.

Once you husband acquire the right of Permanent residence, then your child will qualify for British Passport.

[way2soleil]

Dear Directive/2004/38/EC,

We have resolved to stay in the UK after carefully examining the benefits we can claim as EEA citizen+partner who consistently excercise their Treaty Rights.

As for being tired, it's all for a truly good cause

Thanks for your help, it is an excellent forum!

[way2soleil]

Hi Obie,

Thank you very much for getting back to me. It always helps to get a second opinion, esp that of a guru

[John]

From the opening post in this topic :-

I have to go home for my maternity leave as I am not entitled to SMP from my job, and my partner's income won't cover the costs.

Are you, or were you, thinking that you are not entitled to use the NHS? If that was your thought then that is totally wrong, and you are perfectly entitled to use the NHS.

[way2soleil]

Hi John,

Thank you for picking up on that.

I am aware of my entitlement to use the NHS. My main reason for considering going home was not being entitled to Standard Maternity Pay, because I got pregnant before I actually started this job.

I am not at peace knowing that I can still get Maternity Allowance.

For those concerned with having NO RECOURSE TO PUBLIC FUNDS I would like to mention that MA is not considered Public Funds.

http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10018869