UK immigration status of children born after Brexit

By 1st 4Immigration - #1 UK Immigration Experts -

 

Here we cover the status for a child born after Brexit. 

Children born to EU citizens after Brexit (born outside the UK):

A child born from 2021 onwards to a person with a settled or pre-settled status in the UK, what is the child’s status? It depends on the parents’ status. 

 

If both parents have an EUSS status (settled or pre-settled), the child could also apply under EUSS. Would start from a pre-settled status and would get a settled status after 5 years in the UK. Same rules on absences apply as for adults, i.e. 6 months per year etc.  

 

If only one parent has an EUSS status (settled or pre-settled), the child would have to apply under Appendix FM, same as the child’s other parent. So, the other parent would apply for a Spouse visa (Appendix FM) with English, Finances £29,000 etc. The child will be on a Dependant visa. It is basically the same scenario as a family of a UK citizen. Starts from a visa for 2.5 years, then extension, then ILR after 5 years for the other parent. The child gets included into ILR, doesn’t matter how many years the child spent in the UK with how many absences, but the child only gets ILR with the other parent. Doesn’t matter if the “EUSS parent” becomes British somewhere along the way, the Appendix FM still applies. 

 

In the above scenario (only one parent with EUSS status), can a child be brought to the UK with only one parent? The answer is the same as with a step-child of a UK citizen, ie the parent has to have a sole responsibility or has to be a sole surviving parent. 

 

Children born to EU citizens after Brexit (born in the UK):

If one parent is British or has a settled status at the time of birth, the child is British by birth and you can just apply for a passport (passport book). One parent is sufficient. 

 

If one or both parents have a pre-settled status, the child is eligible for a pre-settled status also. Then can be registered as British when at least one parent secures a settled status (ILR). 

You can also book an online consultation with a lawyer here. Over WhatsApp, Zoom or email. We currently have a discounted fee £100 for advice over email. Alternatively, a video call over Zoom or WhatsApp costs £150 if you prefer to talk to a lawyer. The consultation fee counts towards our future services with a visa application, so the final fee is the same, just split into 2 stages. 

1st 4Immigration is one of the most experienced UK immigration law companies, OISC – accredited at the highest Level 3. We have been in business for over 15 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN. Website 1st4immigration.com


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