EU Settlement scheme EU child with dual EU/BR parents PLEASE HELP!

[Angie77]

Can anyone please help!!!
I am a dual citizen (British and EU) and my child was born out of the UK so She has only European citizenship. Can I be my child's sponsor for the settled status or she need to apply on her own right, using her residency? Even though I don't use my European documents anymore and they are all out of the date

[secret.simon]

Was the child born before or after you became a British citizen? How did you become a British citizen (naturalisation, descent, etc)?

[CR001]

Was the child born before or after you became a British citizen? How did you become a British citizen (naturalisation, descent, etc)?

Children born before BC. Parents naturalised.

british-citizenship/citizenship-for-chi ... l#p1637045

[Angie77]

Was the child born before or after you became a British citizen? How did you become a British citizen (naturalisation, descent, etc)?

As previously mentioned, both parents have been granted British citizenship through naturalization. Children were born abroad previous to our naturalization and have been living in the UK for only 4 years as EU citizens. I am stuck on the residency question as I have been trying to fill the application form online for their settled status but on the residency part when I tick the box that my children have a sponsor a question comes up asking for the sponsor application reference number. However, as UK citizens neither my husband nor I, are eligible to apply for the scheme. I am not sure if I can use the reference number when he got his Permanent residence before becoming British. I have read the guidance notes and it says that a family member of a British citizen, who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship, can apply for the settled status and also in case of Irish nationals their child can get the same status that they could get, based on how long they’ve lived in the UK. However, it does not say specifically in the case of children with parents with dual EU/UK citizenship. What should I do in their case?

Please, can anyone shed some light????

[Romy88]

Hi

I applied for my both children on their behalf. My daughter already got COA.
I think you should apply under their own residency. But in a box if they apply with someone's help just tick "family member" and provide your phone number and email. You will get email confirmation about submission of application with your contact details.

[Angie77]

Hi

I applied for my both children on their behalf. My daughter already got COA.
I think you should apply under their own residency. But in a box if they apply with someone's help just tick "family member" and provide your phone number and email. You will get email confirmation about submission of application with your contact details.

Thanks for your input. I was prepared to do what you did. However, when I saw the guidance note and realized that Irish citizen's children can inherit their parent's status so I thought that perhaps the same would apply to children of dual national parents. It would be better if my children could inherit our status because instead of pre-settled status they could be granted the settled status, saving us the hassle of applying again for settled staus next year when they complete 5 years of residency.

[Romy88]

Well, it's up to you. But I asked my ex-spouse to renew his European passport despite that he became British in 2011. Once he obtained BC he did not bother any more. But it will not work for me as I came to this country as a non-EU wife of EU citizen. So all my Home Office documents have my ex-spouse registration certificate reference number. My children hold European passports as well. So it means that I will be treated as direct non-ea family member of EU citizens and my immigration route is under EU law (that is what my solicitor told me).

[Richard W]

However, when I saw the guidance note and realized that Irish citizen's children can inherit their parent's status so I thought that perhaps the same would apply to children of dual national parents. It would be better if my children could inherit our status because instead of pre-settled status they could be granted the settled status, saving us the hassle of applying again for settled staus next year when they complete 5 years of residency.

Unfortunately, there seems to be no provision in your case.

(a) The applicant is a child under the age of 21 years of a relevant EU citizen, or...
and
(b) The relevant EU citizen (or, as the case may be, their spouse or civil partner) has been or is being granted indefinite leave to remain under this Appendix (or, in the case of an Irish citizen who has not made a valid application under this Appendix, they would be granted that leave if they made such an application)

This earlier grant of settled status for children is purely a matter of British law, so Lounes does not apply; your children are restricted to the qualifying times one would expect under EU law; they must reside for the full 5 years (i.e. one more year) to gain settled status under Condition 3.

You and your husband cannot apply for settled status, as leave to remain cannot be granted to holders of the right of abode, and in particular, not to British citizens.

However, if you apply for pre-settled status for your children, it is just conceivable that they may be granted indefinite leave to remain 'outside the rules'. If you can explain that you have already become British, it may help. The EU settlement process is now supposed to be available to EEA non-EU citizens - I suspect their applications may be granted if they can reach a human decision-maker, even though Appendix EU of the Immigration Rules has not yet been updated to include them.