My ex is applying for EU settlement for our British Child...

[SOSyoucandothis]

Opinions please.
I'm British, my whole family is.
My child (now 6) was born in a EU country. I won't name, but it's like and is close to France. We moved back to England when he was 6 months. He's a British Citizen by birthright via me. Ex (his dad) is from the country he was born. Let's say he's French.

We separated after we moved to the UK. I was granted custody in a Child Arrangements order and he sees his dad regularly. His dad got EU settled status to stay in the UK.

Weirdly, his dad - my ex - has this week applied for our child to have EU settled status and keeps demanding I send him documents.

I have repeatedly told him to withdraw the application. Our child is a British Citizen, goes to a British school, has a British passport. But he is ignoring me and proceeding with the application.

There is absolutely no need for him to do this and I don't really know what to do about it.

EU citizen settled status in the UK?

Well, the child doesn't need it, so any application will be rejected and refunded anyway. Maybe he doesn't realise that? Send him the links to the legislation.

If you child also has an EU passport he will have the right to work and live in any EU country. He can also study there for university if he wishes - and that would probably be a lot cheaper.

If it’s the French part of Switzerland then he may also have to do military service. But if he doesn’t speak French and live there this is unlikely.
French military service is only 1 day.
I don’t see what the downsides are. Presumably your Ex is bearing the costs? It won’t mean your ex can take him there to live.

I don't understand either. Why would your child need settled status if s/he is a British Citizen?

What documents does he require you to send that he doesn't have or can procure himself?

Which way round is he wanting to do it? So that your child has an EU passport? That would seem well worth doing, as it will give him/her better options for work and study when older.

If he thinks your son needs settled status in the UK, it sounds like he’s got his wires crossed.

Why on earth would you deprive your child of the opportunities associated with EU citizenship? There are no downsides to it that I can see (but am open to correction if I'm wrong) and loads of advantages.

Could he be lying about applying for settled status and want the documents for another purpose?

Has he registered the child with the French authorities as a French citizen and is following their advice? Im thinking he hasn't told them that the child is British too.

Also, as a child of an EU national the child would (could) be entitled to an EU passport, maybe that's what the father is trying to do and has the terminology confused. Could that be the case?

On first reading I also thought the OP meant an EU citizenship, but then I thought she meant settled status (in the UK) for EU citizens resident prior to Brexit.

@SOSyoucandothis which do you mean?

It's got nothing to do with EU citizenship. Settled status is, briefly, for EU citizens in the U.K. wanting to stay here, and eventually become citizens.

If you are already a British citizen, you cannot apply for it.

Does your child have an EU passport? The only thing I can think of is that your ex wants his child to go in and out of the UK with his EU passport only , and you can only do that if you have settled status. It might be he doesn't want to have to travel with the UK passport. It is potentially worrying. I have dual nationality and since brexit I cannot just enter on my EU passport without a whole load of questions (I obviously don't have settled status being British!) , I have to have my British passport too. This MIGHT be an underhand way of travelling with his child without his UK passport. Hard to know without more info.

The child IS a UK citizen though, so settled status is not required or available.

I agree. Post Brexit, this is a dream ticket to enable your child to experience the best opportunities

This is the only reason I can think of... if child has eu passport he is applying using that passport. I applied for settled status and I don't think you can progress with application on British passport, it will tell you don't need to apply.
It's either that or he just needs documents from you for smth else and could only think of this reason...

Logically it seems to me that the father wants to get an EU passport for the child.

OP (or the father) may have confused the term "settled status" with citizenship in the father's country.

Is that the case OP? Nothing else would make any sense due to the child's existing British citizenship.

Yes, that could be another explanation, but it seems high risk to me. Surely there is a record of the child's UK citizenship somewhere! Anyway OP could flag it with the relevant authorities in UK that this is happening. Well dodge if that's the father's plan of action.

For clarity - it has nothing to do with EU citizenship. EU Settlement Status is for NON-British citizens applying to remain in the UK after Brexit. But my child IS a British Citizen and therefore does not need to apply.

For clarification - my child has a English passport AND a 'French' passport. (It's not actually french but I'm serving it as an example.) He has duel nationality. That's not what I'm referring to.

It's that his dad (who doesn't have custody) is treating our child not as a British Citizen when he is. And he's ignoring all my efforts to explain this.

That’s just a general rule for dual citizenship - if you’re entering a country that you are the citizen of, you need to do it on their passport. Nothing to do with Brexit or UK specifically, although you might have gotten away with breaking the rule before Brexit due to more relaxed border checks.

@quizzys no it doesn't make sense. I hold child's British passport, and his dad holds child's eu passport and that's been the case since court.

It's not at all about getting a passport..he just doesn't seem to get that our child does not need to apply for EU settlement scheme!

Is general stubbornness/thickness a reason why he’s an ex?

If you don’t think there’s something dodgy going on and he’s just being extra stupid, you could send him the documents (or ask for access to upload them yourself) and then when he gets rejected do a big “I told you so”.

So frustrating that he doesn't get it.

Maybe you have already done this, but would you consider writing to whoever deals with Settled Status and explain what your ex wants to do. Then send their response to him.

What documents is he looking for? Surely most of them i.e. birth certificate and so on are public records or available to both of you (not sure if you're divorced) and he could get them himself.

Does his dad take him away on holiday? Could it be he has been told by UK border force that his son needs settled status (as me and my siblings were often told until we learnt to whip out our British passports)? Or do you let him take your son on holiday with both passports (which immediately stops the questions)? It could be he is fed up of the questions and hasn't fully understood the rules (if this is indeed the scenario). UK border force have clearly been instructed that every EU passport of a UK resident must have settled status in it if no UK passport presented.

Sounds like there are good reasons he's an ex

Send him this link where he can ask the Home Office a question about settled status:
https://eu-settled-status-enquiries.service.gov.uk/start

And tell him you will not discuss it any more, then ignore him

Switzerland isn’t in the EU.

OP - I’d assume there’s another reason he wants the documents as it seems very illogical given your child has a British passport.

@SOSyoucandothis Im sorry I didn’t understand your post.
Yes this is very odd by your Ex. He clearly doesn’t understand