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With Brexit rapidlyapproaching, the rights of EEA citizens living in the UK is going to come ever sharper into focus. One of the biggest issues to sort out will be residence rights for children. If you have gainedPermanent Residencepermit, you may be wondering what you should do about your children. In this article, we are going to look at options for those who have children in the UK and want to secure their status before Britain leaves the European Union. While this advice fits many situations, you may want to speak to us before making an application to ensure that your choice is the best one.
The now-defunct Permanent Residence Visa scheme offered the chance for EEA citizens who lived in the UK for more than 5 years the option to prove they had lived in the UK for that length of time. It was designed for EEA citizens who wished to either apply to become a British citizen or those who wished to be able to sponsor a partner's visa application. The option was never really designed to encompass the rights of children, though you could include them on your application.
One benefit of the scheme, as far as children are concerned, is when it comes to gaining British citizenship. If the child was born in the UK and a parent already had Permanent Residence, the child is automatically classed as British and can apply for a British passport. If you gained Permanent Residence after your children were born, you can still register them as British citizens but you will need to pay to do so. This is only in the case where neither of the parents has British citizenship, Indefinite Leave to Remain or Permanent Residence before the child is born. There are, however, a variety of options for children to gain British citizenship at a later date.
Like in the example above, if a child has an EEA citizen parent who hasn't gained Permanent Residence before they were born, they can still be registered as a British citizen. In this case, an application will need to be made and there is a fee involved (currently £1,012 per child). This is, unless, one of the parents has gained Indefinite Leave to Remain or is already a British citizen.
The Permanent Residence scheme has now been replaced by the EU Settlement Scheme. This means that even existing Permanent Residence holders should apply, as the process for registering EEA citizens in the UK is being harmonised into a single route. The EU Settlement Scheme also allows parents to include children on their application in order that they can receive either settled or pre-settled status in the UK. If you have already applied to the EU Settlement Scheme you can also link your application to your child's by using the number you were given during your application. You can do this at any stage and do not need to wait for a decision.
While you can add your child to your application, or apply while waiting for a decision, it may be best to wait until you've had your application approved. If you do not, you may have to go to some length to prove that your child has lived in the UK for 5 years. Please note that these rules do not apply to Irish citizens as they have separate rights. If you're an Irish citizen and your child is not a British citizen, in the vast majority of circumstances they will be eligible for the same rights as you have.
If your child is British but was born abroad, they will be able to apply for a British passport. For this to be the case, at least one of the parents will need to have been a British citizen before the child was born. As well as being able to apply for a British passport, British citizens born abroad can also apply for a letter confirming their citizenship. This process is slightly different for those who live in the Channel Islands, the Isle of Man or in a British overseas territory.
If your child is not automatically a British citizen, they could still be eligible to apply for British citizenship if they have lived in the UK with their parents, their British parent lived in the UK before they were born or they were adopted outside of the UK.
If you need more help with settlement in the UK as an EEA citizen then please get in touch. Our team of immigration lawyers are working hard keeping up to date with the very fluid situation around Britain's exit from the European Union. We can help you to settle your stay in the UK, and avoid any future hardship. We can also help you and your children to become British citizens.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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