Child born to a EEA citizen by a non-EEA

[nicelady190]

been married since 2010 to EU citizen and am a non-eu citizen with a residence documentation for 5yrs, my husband has been working full time since 2011 till date and me too but am on maternity leave. we just had a son in July 2013, so we are thinking of applying for a residence card for our son on my country passport since the process of getting my own country passport is not as stressful as his and non of us has been here up to 5yrs, though my husband came to the UK in early 2010 but started working in 2011. so we don't really know how to go about it. the right form to fill and the right supporting document we will need to send with the form. any advice will help cos am planing on going home for Christmas this year since my family hasn't seen my new baby. pls advice on how to get this done. thanks

[Jambo]

Are you a visa national?

I would concentrate on getting the child a EU passport. It should not take as long as it takes the HO to issue a Residence Card (upto 6 months).

If you are non visa national, I would just travel with the non EU passport, birth certificate and copy of the father passport. That would be enough to get him back into the country if you can't get the EU passport by then.

[fatimahh]

Hello nicelady190, please note my situation: i am a non EEA married to a EEA national, I took the chance and travelled with my daughter for April break. please note that i applied for my country passport for her and we travelled with her non EEA passport and without VISA. Once in the host country i applied for the family permit for her to be able to come back to the Uk as the EEA national dependant. The application had the EEA hubby ID, EEA bank statement, payslips and work letter, tenancy agreement with my name, daughter full birth certificate and hospital letters, copy of my Resident Card, utility bills with EEA name and our mariage certificate. Within a week my daughter was granted family permit valid for 6 month.
Please note that the child can only be a dependant of an EEA national if she hold a non EEA passport.
Also note that once back to the uk with the 6 month permit we did not apply for EEA 2 as things deteriorated with hubby, so we are now filling for divorce and i was told that i should be able to retain the right of residence for myself and my child, but i will have to use the same kind of document used when applying for my EEA2 and her Family permit + divorce confirmation paper.
I thing if you would like to apply for EEA2 for your child you should also use the same kind of doc, do not forget to include any document showing that hubby + you + child live as a familly. Hope this help