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WHAT STATUS OF BABY

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jassee
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WHAT STATUS OF BABY

Post by jassee » Fri Nov 30, 2012 3:21 pm

Hi all.

This is on behalf of my friend want to know the best options they have regarding passport/immigration status to his baby.

Wife is from Poland and having a blue registration card (I am not sure if it is permanent resident card but it have no expiry), her husband is a non EEA citizen and having KOSOVO passport and a resident visa for five years since 2011. Their daughter (b0rn in 08-2010) is having Kosovo passport as well. Now they are wondering if they can apply for resident visa/permanent resident visa/ British passport/registration, what they are eligible for and how their daughter can travel to Kosovo. Please guide with the proper name of form they have to fill.

Regards.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Dec 01, 2012 5:01 am

When did the mother come to the UK? Has she been working since then?
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jassee
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Post by jassee » Tue Dec 11, 2012 2:42 pm

She was in this country since 04-2009 and was working ful time untill the birth of baby (08-2010) and not working at all after that.

Regards
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jotter
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Post by jotter » Tue Dec 11, 2012 3:56 pm

I don't think the blue card could be permanent residence as she hasn't been in the country long enough. Could it be something from the old worker registration scheme for A8 nations? What does it say on the card?

Registration/passport is only possible if wife or husband are 'settled' which via the EEA-route means having permanent residence from 5 years of continuous treaty rights. Permanent residence for a child of a non-settled EEA citizen is only possible after the child is 5 years old (also due to the 5 year requirement). The residence card (EEA2) would be the one that they'd be looking at.
Last edited by jotter on Tue Dec 11, 2012 4:04 pm, edited 3 times in total.
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Jambo
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Post by Jambo » Tue Dec 11, 2012 4:00 pm

Shouldn't the child be Polish also?

I understand there is some bureaucracy involved with Polish kids born abroad but getting her a Polish passport would sort most of the issues I believe.
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jotter
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Post by jotter » Tue Dec 11, 2012 4:07 pm

Good point. With only the Kosovan passport the child would be looking at EEA2, but getting a Polish passport would make that unnecessary. Permanent residence/citizenship would still be out of the question for the moment, but there would be no difficulty with freedom of movement.
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jassee
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Post by jassee » Thu Dec 13, 2012 4:22 pm

When the question was raised about why not to have polish passport for baby, then they replied that marriage is not registered in Poland and baby’s birth certificate has father name on it so they have to go back and live in Poland to sort out about marriage registration, which is time consuming and wife is having husband’s family name in UK but still have old family name in Poland, end of the day they said this is more complicated for them to get polish passport for baby.

Regards
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Jambo
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Post by Jambo » Thu Dec 13, 2012 5:16 pm

In that case, they can get the child a 5 years Residence Card applying using form EEA2, the same way the father applied
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Obie
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Ireland

Post by Obie » Fri Dec 14, 2012 2:58 pm

Child should be able to acquire Polish Citizenship
Smooth seas do not make skilful sailors
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boloney
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Post by boloney » Fri Dec 14, 2012 7:38 pm

Obie wrote:Child should be able to acquire Polish Citizenship
of course child is polish citizen. Did they get married in the UK? If so they need to send marriage certificate to someone in poland, then that person have to go to 'urząd stanu cywilnego' and they should be able to get polish marriage certificate. They will have to translate english one to polish language first. They may have some trouble in poland but if that the case get lawyer in poland and they will get it sortet.
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