EEA Family permit for child born in UK

[troiano]

Hi, I'm Italian citizen and my wife is brazilian, we are living in Uk over 3 years now. My son have only the Brazilian passport yet and we are applying for a family permit, should I use the VAF5 form and send it by post, isn't? What is the home office address to send it by post I can't find it anywhere? This service is free of charge?
Thanks, hope someone can help me...

[vinny]

Child may apply for a Residence certificate (form EEA1), assuming child can prove Italian citizenship or a Residence card (form EEA2) from within the UK (may take up to six months)

or apply for an EEA family permit from outside the UK.

[troiano]

Child may apply for a Residence certificate (form EEA1), assuming child can prove Italian citizenship or a Residence card (form EEA2) from within the UK (may take up to six months)

or apply for an EEA family permit from outside the UK.

The point is I'm living in UK, I ask for the Italian certificate, (How can I prove the Italian citizenship without my son's Italian passport, only with mine?), but will take six months as you said before. Can I apply for the family permit by post using the VAF5?

[Obie]

As Brazil is a visa free country, he can enter with his Brazillian passport, and get a Code 1 A visa as a family member of an EEA national.

[troiano]

As Brazil is a visa free country, he can enter with his Brazillian passport, and get a Code 1 A visa as a family member of an EEA national.

We were misguided by a "worm" and now we are paying the price for trust in the wrong person. I supposed to register my residence as soon I arrived in UK, which I didn't because the "worm" said do do not, and now I'll have to wait till my italian residence be changed to add my wife and after my son, then ask for italian passports for both. Meanwhile...
Maybe if I provide more information you'll understand my situation.
I'm living in UK with my wife and my 2 years old son, which was born in London.
A wrong information about british citizenship lead us to be in an "ilegal situation" with our son. I'm have italian citizenship, my wife is brazilian and she has the family permit visa and our son has only the brazilian passport with 6 month tourist visa, by the way we just discover he needs a visa after return from a trip to switzerland, where we were stopped by the immigration officer at Uk airport asking about my son's visa. We answer as we were informed that he doesn't need a visa because he was born in UK, so he was british, which is completely wrong information, but we believed till that day. So he gave my son 6 months visa and told us to get a visa for him. So far it was ok till get to the Home Office website and search for the same form that I filled up for my wife's family permit visa, but everything seems to be different now. After being guided by the website and download the form VAF5, I simply can't find the Home Office address to send my application by mail as I did before with my wife's.
My question is: I must use the VAF5 form as I'm in Uk with my son, he is not traveling to UK? Because in the same website says that I must use the VAF5 but do not give me the address and on the form's header, at the right hand side says to applications outside the uk only, so I'm very confused now...
If yes, what is the address I should use, because there is no such information in the website.
If no, what is the way to get this visa to my son?
Or if someone knows the contact number or email to the home office enquiries will help me tons...

Thanks so much, and I'm sorry...

[Obie]

Come to the UK with your son, like you did the last time.

They will issue him with a 6 months visa on code 1 A. This is very different to the entry they give to visitors who enter the UK.


Once in the UK, apply for residence Card, until the Italian passport is sorted.

Once you have been working in the UK for 5 Years, you can register your child as British.

No need to apply for Visa, no need to get stressed.

[Directive/2004/38/EC]

You son does not need to work and is fully legally in the UK. There is no need to apply for a Residence Card for him unless you want to. It is optional!

He is in any case an Italian citizen.

I do not see any need to apply for anything for the child!

[obormot]

I have a friend who is French, and the wife is Italian (they live in France). The wife has never applied for any kind of "residence" in France. They recently had a child, and she went to Italian Embassy in Paris, and got Italian passport for their child in a matter of days (it proved to be much more complicated for French passport, so for the moment they only use Italian one). Probably Italian Embassy is as nice in London as it is in Paris, and they would not ask for any residency papers for the child (I assume they should not)? Did you talk to them?

And by the way, indeed, legally you do not need to have any residency permit to live and work in UK. Neither do you wife or kid, it is optional.
What you call VAF5 is EEA family permit - it is a visa to apply from outside UK in order to enter UK as a member of EU national. Since you are already in UK, you do not need and cannot use this one.
If you want some document soon, you should apply for EEA2 for your son (based on his Brazilian passport). You yourself do NOT need to apply for residence (EEA 1) for that.
However, I would advise to contact Italian Embassy first. If you get him Italian passport then you will not be harassed at the border every time you return to UK.

[EUsmileWEallsmile]

Hi, I'm Italian citizen and my wife is brazilian, we are living in Uk over 3 years now. My son have only the Brazilian passport yet and we are applying for a family permit, should I use the VAF5 form and send it by post, isn't? What is the home office address to send it by post I can't find it anywhere? This service is free of charge?
Thanks, hope someone can help me...

I read your later posts and those of other contributors, but just to add something...

You being an Italian citizen can live in the UK provided you are exercising treaty rights. Your family members can be with you (spouse / son). None of you has to apply for any documentation as the UK does not oblige it (other EU countries do). It may be of benefit for non-EU national family members to apply for residence documentation so they can easily demonstrate their status. This would be even more so if they were visa nationals (they are not being Brazilian).

You may find that getting your son an Italian passport is a good option.