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.

True, but not relevant.

as I said I don't know the exact details and the conversation with border control ( this was at Heathrow so I suspect they know the rules) , all I know is they had difficulty at immigration on returning to the UK even with both passports.

He’s either up to something or he’s a bit stupid and is too stubborn to admit that you’re right and he’s wrong. The only other possible thing I could think of would be if he has applied for something for himself, has been refused and is now citing A8 of the echr and trying to demonstrate that he has a parental relationship with a child in the UK so he gets settled status that way. But that wouldn’t really make sense if he was genuinely an EU national, and why wouldn’t he just tell you? I think he’s stupid and stubborn.

I’d be inclined to just send a screenshot of what @Hols24 has posted, along with a message telling him that you’re not prepared to enter into any further discussion about it and if he wants your child’s documents for any other reason, he can disclose it and you’ll consider it.

If his reasoning is that a BF officer has told him that his child needs settled status as the holder of an EU ppt then all he needs to do is reply that the child’s mother is a British citizen and child also has a GB ppt as a holder of dual nationality. It’s really not that uncommon a scenario that the BF officer won’t have heard of it before. And it’s easy enough to check if the BF officer has any doubts.

Now I'm puzzled. Many of you are saying that holders of an EU passport are expected to have settled status in order to enter the UK.

How can that possibly be please? Surely tourists from EU can enter for 90 days or whatever the reciprocal rule is with the EU?

I understand that settled status is required of an EU citizen to live and work in UK, but child is a British citizen with a British passport. ( and an EU one).

What am I missing?

@quizzys I think the issue is that you need settled status if you live permanently in the UK. So if they ask you at the border why you're here and you say "for a holiday/to visit a friend and I'm returning on X date" then that's fine, but if you say "I live here" you need to be able to prove that you are entitled to do so.

Yes thanks, that's what I thought all along, but was getting a bit confused, well who wouldn't!

So the issue as I see it is that ex may not have possession of child's UK passport when re-entering UK. So a certified copy of it might work, because "settled status" is definitely not required of a UK citizen.