EU scheme and mn1 application of a child who will be born in the Uk

[savane2]

hi

sorry for my long thread

i am an overstayer since March 2015 after a 2 years tier 4 student visa. I have been in a genuine relationship with an EEA Greek citizen for 2.5years,unfortunately we can t apply for an unmarried partner visa because we don t have enough proof of cohabitation together, i only have 1.8years bank statements at his address.
i am pregnant at the moment and due in 2.5 or 3 month.my partner has been in this country since November 2016 which means he is on pre-settled status. According to the Greek law it is very complicated for the child born out of wedlock to get the Greek citizenship so that has been put out of the table. The child will be born before my partner get settled, he will have to link the child on his EU scheme which mean the child will follow his status.

1) as the child will follow my partner in regard of the EU scheme, does it means that when my partner will get settled status in November 2021,will the child continue with pre-settled or will the child also get settled status like the dad as he/she will be born in the UK or continue for 5 years before getting a settled status?

2)if the child get settled status in November 2021 as the father, can we register him/her as British citizen under section 1(3) law as he/she will be born in the Uk or does the child have to wait 12 months after getting a settled status before applying for a British citizenship?

many thanks for your replies

[savane2]

hi

sorry for my long thread

i am an overstayer since March 2015 after a 2 years tier 4 student visa. I have been in a genuine relationship with an EEA Greek citizen for 2.5years,unfortunately we can t apply for an unmarried partner visa because we don t have enough proof of cohabitation together, i only have 1.8years bank statements at his address.
i am pregnant at the moment and due in 2.5 or 3 month.my partner has been in this country since November 2016 which means he is on pre-settled status. According to the Greek law it is very complicated for the child born out of wedlock to get the Greek citizenship so that has been put out of the table. The child will be born before my partner get settled, he will have to link the child on his EU scheme which mean the child will follow his status.

1) as the child will follow my partner in regard of the EU scheme, does it means that when my partner will get settled status in November 2021,will the child continue with pre-settled or will the child also get settled status like the dad as he/she will be born in the UK or continue for 5 years before getting a settled status?

2)if the child get settled status in November 2021 as the father, can we register him/her as British citizen under section 1(3) law as he/she will be born in the Uk or does the child have to wait 12 months after getting a settled status before applying for a British citizenship?

many thanks for your replies

[SheilaM]

hi

sorry for my long thread

i am an overstayer since March 2015 after a 2 years tier 4 student visa. I have been in a genuine relationship with an EEA Greek citizen for 2.5years,unfortunately we can t apply for an unmarried partner visa because we don t have enough proof of cohabitation together, i only have 1.8years bank statements at his address.
i am pregnant at the moment and due in 2.5 or 3 month.my partner has been in this country since November 2016 which means he is on pre-settled status. According to the Greek law it is very complicated for the child born out of wedlock to get the Greek citizenship so that has been put out of the table. The child will be born before my partner get settled, he will have to link the child on his EU scheme which mean the child will follow his status.

1) as the child will follow my partner in regard of the EU scheme, does it means that when my partner will get settled status in November 2021,will the child continue with pre-settled or will the child also get settled status like the dad as he/she will be born in the UK or continue for 5 years before getting a settled status?

2)if the child get settled status in November 2021 as the father, can we register him/her as British citizen under section 1(3) law as he/she will be born in the Uk or does the child have to wait 12 months after getting a settled status before applying for a British citizenship?

many thanks for your replies

Hi I was in the same situation aswell, my daughters father is Austrian which is a bit hard to obtain citizenship as she was born out of wedlock. When he received his EU Settlement Papers we applied mn1 for my daughter she didn’t need to apply for eu settlement hence she had no passport. We received the registration certificate and got her British passport now.

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[savane2]

Hi SheilaM,
Thank you for replying.

If i understand well,does this mean that the father doesn t have to link the child with his Eu scheme?
I am scared that if he doesn t,the child will be stateless as i can t get my own country passport to the baby cause in my country it is the law of soil.

[SheilaM]

Hi SheilaM,
Thank you for replying.

If i understand well,does this mean that the father doesn t have to link the child with his Eu scheme?
I am scared that if he doesn t,the child will be stateless as i can t get my own country passport to the baby cause in my country it is the law of soil.

The Problem is without ID (passport) he wouldn’t be able to link his application to your daughter, that’s the same problem we had my daughterJust turned 6 by the way and she was stateless as there was just no way around it unless your partner gets his settlement. But if you could provide Proof from your country embassy that you tried to register her birth there and was refused May be able to link it via paper application for your daughter. Which country are you from?

[savane2]

Oh okay.

I think the best way will be not to link it.after all according to the british law a child is entitled to register as a british citizen after either parent get settled,ilr or permanent residence if the child was born here.
I was just scared that if the child s is not link with the father he/she will have be an illegal immigrant.

Thank you for your help.
By the way i am from Cameroon

[SheilaM]

Oh okay.

I think the best way will be not to link it.after all according to the british law a child is entitled to register as a british citizen after either parent get settled,ilr or permanent residence if the child was born here.
I was just scared that if the child s is not link with the father he/she will have be an illegal immigrant.

Thank you for your help.
By the way i am from Cameroon

you are welcome children born in British Soul are not illegal as they don’t need a visa. Everything will work out just a little wait until your partner is settled.

[savane2]

Ok i will wait.
I really appreciate your help.take care