To come back live in the UK whilst being pregnant and European without residency permit

[tilda0]

We have lived around 9 years in the UK. We left for 2,5 years and we would like to come back. I don't like where we live now (DH homeland) and I miss the UK. I'm not sure whether we would get a residency permit as we left for 2.5 years. Oh, and I'm in my first semester.
Is it mad?
Remainders replies only please 😉

What is your nationality? Are you an EU citizen, would you be legal?

Yes we are both EU citizen @gabsdot

Remainders replies only please really?!

this has nothing to do with Brexit - remaining or leaving...
if you have a legal right to live in the UK then come and live in the UK, if you don't then either apply for it or don't come...

nothing to do with pregnancy either - if you are allowed in the UK, then great, use the facilities - if you are not, don't

really quite simple!

We are still in the EU. You don't need a residency permit.

Errr you currently, as an EU citizen, have a right to enter and exit the UK as and when you please.

So we would def be legal now but I wonder for how long. We can apply for settled status. Not sure if we would get a temporary 5 years status or if our previous 9 years stay and studies would be considered.

I'm not sure what a remainder reply is (cannot even guess what it might be a typo for)

But if you need a residency permit, then of course you need to secure one before moving here. I don't know how long it takes to get one of those visas but once you are ordinarily resident here you can use the NHS.

Being born here does not confer British nationality, so it won't make any difference to your DC if the move happens before or after they s/he arrives.

If it helps, my husband and his family (uk citizens) left England in the early 00's and lived in Spain for about 3 years. When they came back, even though they were British etc they weren't entitled to anything.

Oh and

Sorry - very slow typing which began before OP's second post in which she stated EU nationals - so ignore most of it.

What rules apply for EU nationals post-Brexit are not totally clear yet, as current proposals might be modified. If this is where you really want to live, then do it. The worst that could happen is you decide you need to move again in the future.

After brexit you will either be able to stay or have to go. No one knows which yet.

You are far more likely to be able to live here after brexit if you are already here when it happens.

If that is what you want then come back. If it turns out you aren't entitled to stay automatically after brexit then deal with that then - you can't make any plans now as it hasn't been decided yet what the policy will be.

So babies born in the UK now aren't autonatically British citizen. Mmh so would he have my nationality or my DHs one? How doesn't it work?

@Ninabeans17 huh? They lost their status?

"So babies born in the UK now aren't autonatically British citizen."

I don't think they ever have been, and yes their nationality would be inherited from their parents, As both of you are EU nationals, they could probably be either one (your choice) or a dual national.

notsosure why the ?

Is it really so hard to understand that an EU national that has had a life in the UK and wants to continue it is concerned about brexit?!

I'm a kiwi and husband British. Children born here. Only DH could apply for and receive child benefit and both children have British passports. They can also have my nationality if they want.

Not sure if we would get a temporary 5 years status or if our previous 9 years stay and studies would be considered.

Generally the clock resets if you up sticks and leave a given EU country for more than a certain length of time, even with permanent residence.

Tilda it depends what your and your dh's nationalities are as countries can have different rules, but normally your child will be entitled to duel nationality - both the nationalities of his or her parents, nothing to do with where they are born. Where you are born can have relevance too, but doesn't confer nationality in (most of?) Europe.

Thanks for your replies. My biggest concern is the future status of the baby. Would he get a temporary permit? Does that give him rights?

As it is now, if you aren't "settled" at the time of birth it will be more difficult for him than if you were settled.
There is a form you can fill in in a few years for the child (for anybody under 10), for children born here to become citizens. It can be expensive though. This might not be the same after brexit though, nobody knows what will happen at the moment.

You don't want to live in your dh's country but what about yours? I'm British (now duel citizenship) and my kids are entitled to duel citizenship too but I wouldn't move to the UK atm.

@drinkingtea why not? Where are you now?

@Foniks so if I am settled I can apply for a citizenship for the baby? I read it might be around 1000£. If we talk about the same form and if it happens before brexit

Given your baby won't be a British citizen, he or she will have whatever rights the parents have. You will be very unlikely to be separated.

Everyone can apply for whatever they are eligible - to state the obvious.

Yes, and it is more likely to be successful then.
If it is unsuccessful, you will not get your money back, so try to do it at the right time- i.e. when you have both proved you have and will continue to work here to sustain your family.

It is around £1000. It might be slightly cheaper for children. I think it is called Form T. Although I'm not 100% sure if that is just the form for adults who were born in the UK. Children may fill out a different version. But look up form T anyway, because you will see the child options too.
It is much easier for your child if you apply while they're young instead of waiting til they're an adult.

EU citizens do still have lots of rights here at the moment, not the same as British citizens obviously, but still more than non EU.
If you want to move back to the UK, do it sooner rather than later. It will become more difficult soon.