EU settled status/leaving and re-entering the Uk

[busya-13]

Hi guys
Please can you help with the following question.
I received my EU settled status in July 2020 based on my husband being a full-time PHD student at the time (for over 5 years). I had to apply for one because my previous EEA residence card was due to expire. My husband is an EEA member citizen. He never bothered to obtain the EU settled status. We left the UK in August 2020 because of the worsening corona situation. We also have a 9 year old daughter (also never applied for the EU settled status, has an EEA passport - Czech Republic). If I wanted to come back to the UK in the future, do I have to come back with my husband or can I do it on my own with my daughter? The letter from the Home Office said that I could come back to the UK within the next 5 years. What kind of visa would my daughter need to get?
Thanks a lot

[kamoe]

We also have a 9 year old daughter (also never applied for the EU settled status, has an EEA passport - Czech Republic).

Obviously, I am assuming your child was residing with you in the UK during your 5+years. Can you confirm?

If I wanted to come back to the UK in the future, do I have to come back with my husband or can I do it on my own with my daughter?

Since you already have Settled Status, you do not depend on your relationship to your husband to exercise your right to live and work in the UK.

The letter from the Home Office said that I could come back to the UK within the next 5 years. What kind of visa would my daughter need to get?

As per the EU Settlement Scheme caseworker guidance, page. 50, "Child under the age of 21", she is eligible for Settled Status if she has spent any continuous residence period in the UK even if less than five years, if she is herself a EEA national, and if she is the daughter of a EEA national or their spouse or civil partner, who has Settled Status or who is eligible for Settled Status.

[busya-13]

Hi kamoe

Thanks so much for your help.

Obviously, I am assuming your child was residing with you in the UK during your 5+years. Can you confirm?

Yes, she was residing with us the whole time from 2014 to 2020.

As per the EU Settlement Scheme caseworker guidance, page. 50, "Child under the age of 21", she is eligible for Settled Status if she has spent any continuous residence period in the UK even if less than five years, if she is herself a EEA national, and if she is the daughter of a EEA national or their spouse or civil partner, who has Settled Status or who is eligible for Settled Status.

That's great but please can you clarify how that works at the border? Can she enter just with her passport and birth certificate? Also do I need a permission from her father for her to travel to the UK?

Thank you!!!

[kamoe]

As per the EU Settlement Scheme caseworker guidance, page. 50, "Child under the age of 21", she is eligible for Settled Status if she has spent any continuous residence period in the UK even if less than five years, if she is herself a EEA national, and if she is the daughter of a EEA national or their spouse or civil partner, who has Settled Status or who is eligible for Settled Status.

That's great but please can you clarify how that works at the border? Can she enter just with her passport and birth certificate? Also do I need a permission from her father for her to travel to the UK?

Thank you!!!

The same type of questions would need to be asked if you wanted to come to the UK on holiday for a week end, with just your daughter but not your husband. You likely need to ask what happens at your local airport. What do your domestic laws say about taking a child out of the country?

As such, this seems to no longer be an immigration question, but something more pertaining to family law. I am not an expert, but I suspect you need to inquire in that area first.

[busya-13]

Hi

The same type of questions would need to be asked if you wanted to come to the UK on holiday for a week end, with just your daughter but not your husband. You likely need to ask what happens at your local airport. What do your domestic laws say about taking a child out of the country?

As such, this seems to no longer be an immigration question, but something more pertaining to family law. I am not an expert, but I suspect you need to inquire in that area first.

thanks a lot for your reply again. Supposing I find out the local rules for taking the child out of the country without the father and that that question is sorted, the other question still remains whether my daughter can enter the UK not having her Settled status confirmed yet. If you know the answer and the procedure, please let me know Thank you.

[secret.simon]

We also have a 9 year old daughter (also never applied for the EU settled status,

whether my daughter can enter the UK not having her Settled status confirmed yet

Keep in mind that Settled Status, unlike Permanent Residence under EU law, is not automatic. It is a grant from the Home Office, after an application has been made. If your daughter has not applied for Settled Status, she does not have Settled Status. It is not a case of not having a confirmation. If she has not applied for it, it is a case of her not having it at all.

There almost certainly are deadlines by which one must apply for Settled Status (though I am not sure of what they are). I would advise you to apply for your daughter's Settled Status at the earliest. Otherwise she may not be able to get it at some time in the future.

[kamoe]

Supposing I find out the local rules for taking the child out of the country without the father and that that question is sorted, the other question still remains whether my daughter can enter the UK not having her Settled status confirmed yet. If you know the answer and the procedure, please let me know Thank you.

Even after Brexit, EU nationals do not need any type of visa to enter the UK.

Purely for the purposes of entering the UK (and this means for a weekend holiday or because you reside in the UK and you re returning, as far as I know, EU adults can still use the e-Gates with no human control. Children under 14 can't do this, they need to see a human border control officer and be interviewed, as they need to comply with the relevant procedures/authorisations for children, which again, apply regardless of their purpose of travel (short stay or longer term stay).

So to answer your question, assuming the father authorisation is sorted, if applicable, your daughter would need to see an officer, but will not need to show a visa to be admitted in the UK.

Obviously, if you are not coming just for the weekend but with the intention to stay for good, you need to say so when seeing the officer. I do not see a scenario where you have big trouble being admitted at the border, you having Settled Status and your daughter being a EU national (even if she still has not Settled Status), provided you show proof that the father approves, if applicable. But this does not mean it will be straightforward, you might be questioned for a bit longer. It would be undeniably a thousand times smoother if both you and your daughter have already Settled Status when you arrive at the border.

As @secret.simon says Since your daughter can apply online for the Settlement Scheme outside of the UK, there is absolutely no reason not to do this before you travel and there is no scenario where I would recommend you do otherwise.