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ROR and children

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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rodrimarto
Junior Member
Posts: 50
Joined: Mon Mar 03, 2008 11:58 pm

ROR and children

Post by rodrimarto » Fri Jul 12, 2013 1:47 pm

Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,

rodrimarto
Junior Member
Posts: 50
Joined: Mon Mar 03, 2008 11:58 pm

Re: ROR and children

Post by rodrimarto » Sat Jul 13, 2013 7:27 am

rodrimarto wrote:Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,
Could anyone help me clarify those please?
Many thanks

Ricardo
Member
Posts: 132
Joined: Tue Feb 26, 2013 8:48 am

Post by Ricardo » Sat Jul 13, 2013 9:45 am

I was wondering about this myself. But under Eu law, your kids have the same right as the eea national irrespective of their mother. Therefore, I believe everything remains the same even when you have ror.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: ROR and children

Post by Jambo » Sat Jul 13, 2013 10:17 am

rodrimarto wrote:Dear all,

I have a tricky one here and couldn't find much infos on it . What is the statut of a child born in the uk from a father who has retained his right of residence following a divorce and a mum who is a non eea student?

Many thanks,
If you have retained your rights, you can't act as a "sponsor" to other people. The baby will have the same status of/be dependant of his mother. Your status has no affect on the baby.

Please note that UK born children don't need to have a valid leave to stay in the UK after birth. They will require one if they leave and would like to return to the UK.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Jul 13, 2013 10:24 am

Ricardo wrote: But under Eu law, your kids have the same right as the eea national irrespective of their mother.
True but in this case the OP is NOT a EEA national. He only retained his own right of residence. You are not considered EEA national if you have ROR.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Jul 13, 2013 11:27 am

If the child was born prior to the divorce, and residing in the UK then he too will retain his right of residence. The mother may be able to claim derivative right depending on the circumstances.
Smooth seas do not make skilful sailors

fatimahh
Member of Standing
Posts: 354
Joined: Tue Mar 12, 2013 9:10 pm
Mood:
Guinea

Re: ROR and children

Post by fatimahh » Tue Oct 13, 2015 10:43 am

Sorry Jambo - old post but for my own knowledges i would like to understand more. So if you are holding ROR and need to travel with new born baby, what should you do?
GOD BLESS!!!

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