EEA residence card for our UK born baby

[Channa1978]

Please can you help!!!!!
We got residence cards as an extended family member of eea national.
Latter ,second baby was born and applied a residence card for my baby that was refused by home office. Reasons case worker mentioned that,

1.they could not get my uncle's (sponsor) employer due to phone didn't work.

2.Also case worker clearly mentioned, my baby doesn't fall under Europian law as an extended family member because baby was born in UK.( Baby was not depended before come to the UK to fulfil Europian law)

But I showed all bank statements that my uncle tranfering money into my account up-to-date.
Can you please explain me,
Why my baby can't get visa base on the parents already got residence cards (including my first baby)? They hold my passport and uncle's residence documents.

Can I apply again that baby depends on parents and without sending my uncle's documents? Because caseworker said baby is not under Europian law and therefore baby can't get residence card.

(I can't find guidelines in europian law that how can we apply residence card for UK born baby when parents already got residence cards).

Is there any route can I get visa for my baby as a dependent visa on parents?

Kindly help me to find solutions please
Thank you

Yours faithfully,
xxxxxxxxxxxxxx

[noajthan]

EU route is not about 'visas'.
Child fortunate enough to be born in UK will be entitled to register as British just as soon as one parent becomes settled (acquires PR). Clever baby.

[Channa1978]

Thank you so much.
But,
Problem is how I travel to my country and return through boarder because my baby doesn't have visa or residence card. That is the problem. Again home office detained my passport and sponsor's residence documents.
Please advice me....
Kind Regards

[Kruk]

Hi

You should read this forum before you applied for PR Card for your baby.

As you already have a PR Card / DCPR then you can apply for British passport for your baby straightaway. Obviously you have to provide required supporting documents in line with current requirements. But once the passport is issued you do not need to apply for PR Card / DCPR for your baby.

It took the Passport Office 4 days to process my application. I sent all docs on Monday and received British passport on Friday - super service . Well this was back in 2013 but still quicker than getting PR Card / DCPR.

Just read the below:

https://www.gov.uk/types-of-british-nat ... itizenship
https://www.gov.uk/get-a-child-passport/overview
https://www.gov.uk/government/publicati ... n-form-mn1

There is also lots of topics on this forum on how to get a British passport for child.

All the best.

[Channa1978]

Hi
Sorry we don't have PR. We got residence card for 5 years. Then second baby was born. They refused my baby's eea appliapplication.

[Kruk]

Ok, so how long you have been in UK? Do you have Residence Card only or Permanent Residence Card?

[noajthan]

Hi
Sorry we don't have PR. We got residence card for 5 years. Then second baby was born. They refused my baby's eea appliapplication.

PR is a status not a thing.

How long have you been in UK sponsored by sponsor (generous uncle)?

It seems you have fundamental problems around your status in UK.
What have you done to make HO seize your documents?
What did you apply for for child (that was refused)?

RC and even PRC are optional.

Obviously child can't travel without travel documents; you can't expect to run before you can walk.

To apply for child's passport follow this guide - but this assumes you are settled (with PR status), if not wait:
https://www.gov.uk/government/publicati ... plications

[Kruk]

As per what noajthan said. This guide is perfect. I was looking for a link but for some reason was not able to find it.

[Channa1978]

Thanks
We got residence card in 2014.my baby was born in 2015. Sponsor is my wife's uncle. We don't have PR. Got eea family member residence cards which is valid for 5years.
They kept all original passport s because baby's visa was refused means eea application was refused. They said sponsor's employer's phone didn't work. It us funny because parents got residence cards including elder son. UK born baby 's application was refused
Thanks
Please can anyone give information

[secret.simon]

RC and even PRC are optional.

In the case of EFMs, the right of residence starts only when the dependency/other factors of the applicant are recognised by the Home office by the issuance of the first EEA Route application document (an FP/RC). So, in that sense, an FP/RC is not optional for EFMs.

It us funny because parents got residence cards including elder son. UK born baby 's application was refused

Actually, that is how EU law works. Each person (including children) must meet specific criteria in their own right. The status of parents is not passed on to children, but the children have to meet the requirement themselves. For instance, children of EEA parents who have PR do not automatically get PR, they have to meet the required criteria for PR in their own right.

Also, EU law is binary. If you meet all the requirements, you win. If you fail even a single one, you lose.

Also, there is no discretion in EU law. Your status is not granted by the Home office, it is merely certified. Your status flows from the law itself.

So, if your baby (not you, but the baby) does not meet the specific requirements of EU law, technically, it does not have any status in the UK.

When do you expect to acquire PR?

[Channa1978]

Thanks.
But something should be for my baby.he was born in UK. We got another 2.5y for PR.

[secret.simon]

The good news is that as the child was born in the UK, it is not considered an overstayer. So long as the child stays in the UK and does not leave, it does not require a visa/residence permit (to the best of my knowledge, but wait for others to comment).

By being born in the UK,the child has the entitlement (i.e. can not be refused) to register as a British citizen when either parent acquires PR.

But if you want to take the child out of the UK and require a visa to bring it back before you acquire PR, I can only think of an application and/or court case under human rights law, not EU law. And such an application can take months if not years.

[noajthan]

RC and even PRC are optional.

In the case of EFMs, the right of residence starts only when the dependency/other factors of the applicant are recognised by the Home office by the issuance of the first EEA Route application document (an FP/RC). So, in that sense, an FP/RC is not optional for EFMs.

...

Yes, in general (for EFMs) - but optional for born-in-Britain baby. I'm not considering child as a dependent of the kindly (great) uncle.

All she has to do is sit tight and wait for parent to acquire PR.
Or, if they do not, then live her life in UK for 10 years and then apply to register on her own.

[secret.simon]

I'm not considering child as a dependent of the kindly (great) uncle.

I think that is the Home Office's logic too.

[Channa1978]

Yes home office argues baby can't fall eea coz he was not depended before come to UK. First point said, they couldn't get uncle's employer. That is main reason to refuse.then mentioned above. I don't know what to do as we need to travelling within few months as well.

[noajthan]

Yes home office argues baby can't fall eea coz he was not depended before come to UK. First point said, they couldn't get uncle's employer. That is main reason to refuse.then mentioned above. I don't know what to do as we need to travelling within few months as well.

Child must have some other nationality so get other passport.

There's always costs versus benefits when weighing up where to migrate to for a new life and/or where to deliver a baby. It may be that you can't have it all all of the time.

[Channa1978]

Passport is not a problem. Problem is to get visa or residence card to travel from UK and to come UK.
Still I haven't got positive path and hints.is anybody had suffered this issue before with residence card application for the UK born baby ???

[noajthan]

Passport is not a problem. Problem is to get visa or residence card to travel from UK and to come UK.
Still I haven't got positive path and hints.is anybody had suffered this issue before with residence card application for the UK born baby ???

Clearly there is no simple solution if:
your status (parents) is in some sort of doubt
and/or a parent is not settled (so child cannot register).

If you leave country with child then child will have to apply for a FP in order to return and enter UK.
If refused (for example they cannot show dependency on some sponsor) they will not be issued a FP.

[bablloo1]

Hi Channa1978,

I hope the situation has got better for you and your than newly born would have got the visa or something.
I am facing the same scenario, the inly difference is that I have not applied my daughter visa who was born in nov2016.
Can you please share you contact details or share you experience after you last posted in this forum.

Thank

[CR001]

Hi Channa1978,

I hope the situation has got better for you and your than newly born would have got the visa or something.
I am facing the same scenario, the inly difference is that I have not applied my daughter visa who was born in nov2016.
Can you please share you contact details or share you experience after you last posted in this forum.

Thank

The user has not logged into the forum for almost two years so is not longer active since 2016.

Members are also NOT permitted to post personal contact details of any kind on the forum.

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