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residence card: Non EU dependent

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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steerpike88
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Joined: Fri Mar 03, 2017 8:45 am

UK residence card direct family member

Post by steerpike88 » Fri Mar 03, 2017 9:00 am

Hi, I arrived in the UK with my NZ born son in September. By December we managed to collect all the information needed to apply for his Irish citizenship via the Foreign Births Register We still haven't recieved any reply from them and they won't pick up the phone or reply to emails.
I just got in contact with a solicitor who advised me to apply for a UK residence card for a direct family member. As I am not working yet we've decided to my the application through my mum's Irish passport, as his grandparent. The thing is his leave here expires in about two weeks, now we're rushing through the application process. I haven't contacted my solicitor yet but I'm now worried that he may be detained or deported after his leave here expires He's only 10 months old. Will he be ok to stay here during the application process? The only problem is I would have to apply for a visa to go back with him to NZ so there's not enough time to get everything done at once.

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CR001
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Re: UK residence card direct family member

Post by CR001 » Fri Mar 03, 2017 9:23 am

He likely won't be, stop worrying about it.

FBR can take many months as there has been a rush of applications due to Brexit.
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steerpike88
Newly Registered
Posts: 9
Joined: Fri Mar 03, 2017 8:45 am

residence card: Non EU dependent

Post by steerpike88 » Fri Mar 03, 2017 7:32 pm

So I'm an Irish citizen in the UK and i brought my son over from New Zealand. I was hoping to get him Irish citizenship but it's taking a very long time and his leave here is almost over. I contacted a solitictor who told me to buy health insurance before his leave here expires and make an application soonand hopefully I can apply as a self sufficent EU citizen. Seeing as we have money in savings and are living with my parents rent free.
Should I go through this route and risk him overstay?

I guess I'm asking that as soon as I'm a lawful resident in the UK and that overlaps with the time he's lawfully here is he under the protection of the family members European Directive of free movement?

steerpike88
Newly Registered
Posts: 9
Joined: Fri Mar 03, 2017 8:45 am

Re: residence card: Non EU dependent

Post by steerpike88 » Sat Mar 04, 2017 5:09 pm

Ok, so another silly question.
Since I'm an Irish citizen I have instant 'settled' status. Is that the same as permanent right of residence? Does that mean my direct family member has the right to a residency card without me having to prove that I'm a qualified person?
I'm just getting quite curious about this now.

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