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"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)

77 replies

JuliaMumsnet · 21/06/2021 17:24

By Professor Catherine Barnard, Deputy Director, UK in a Changing Europe, and Fiona Costello, Research Associate at Cambridge University.

All EU nationals living in the UK (adults and children), need to make an application under the EU Settlement Scheme (EUSS) before 30 June 2021 – so in just over a week’s time - to secure their continued right to live and work in the UK.

As well as EU nationals, Norwegian, Icelandic, Liechtenstein, Swiss nationals and any non-EU national family members (NEFM) living in the UK also need to make an application before June 30th to secure their rights.

The EUSS is a ‘constitutive’ scheme, which means people have to apply and those applications have to be approved for status to be granted. Even people who have lived in the UK for very long periods or already hold permanent residency in the UK (an application called EEA PR) need to apply under the EUSS.

Applications must be done online and ID and documents verified via the EU Exit: ID document check app available on smart phones, or at document scanning centres at various locations throughout the UK, or by posting ID documents for verification. In some instances, you may also request a paper application. The application is free.

Applicants are asked to prove their identity and history of residency in the UK in order to access their status, and the Home Office also checks for any previous criminality.

Depending on length of residency in the UK, applicants will be granted either Settled Status (SS) (equivalent to indefinite leave to remain in the UK) for those who can show more than 5 years residency in the UK, or Pre Settled Status (PS) for those with less than 5 years residency in the UK and that they were resident in the UK before 31 December 2020. Those with PS must then re-apply in the future to receive SS.

With only just over a week left before the deadline it is urgent that all those who need to make applications do so. While there will be scope to accept late applications, the Government have stressed the importance of in-time applications. Those applying now will receive a ‘certificate of application’ which can be used to prove that an application is pending, even after the deadline has passed.

*

There is help available across the country and the EU Resolution Centre can provide advice over the phone to those submitting applications. For those more vulnerable who might be worried they do not have the paperwork they will need to apply to the scheme - contact your local Home Office funded agency who can provide support or call the resolution centre (0300 123 7379).

They will be able to help you gather the evidence you need to submit an application. More vulnerable groups could include those who are victims of domestic abuse, people who are currently homeless, victims of exploitation, those who cannot speak English, and those who cannot use/don’t have access to a computer or smartphone.

Applications from those aged under 18 and those aged over 65 have been low to the scheme. It is important to check that any younger or older members of your family have also made or been supported to make applications in their own right. This applies even to children who were born in the UK - it is important to check whether they need to apply to the scheme.

If you are not sure whether you need to apply to the EU Settlement Scheme - find out now here: www.gov.uk/settled-status-eu-citizens-families. For more EUSS updates - follow @eumigrantworker on Twitter.

For more information about EU Settled Status scheme read the report by academic initiative UK in a Changing Europe.

"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
OP posts:
HelpLegalAdvicePlease · 23/06/2021 20:49

@MythicalBiologicalFennel

This is not true. A child born before 1st 2006 July to unmarried parents, one British and one EU national would automatically have the mother's nationality, even if born in the UK.
A child born in the UK on or after this date can choose which nationality of their parents they would prefer, usually done by simply applying for a passport of their country they wish to have citizenship of.

I know this because I am an EU national and the mother of a child born under the above circumstances and the only option for them to become British is by applying for citizenship and paying over £1K for the privilege, even though my child was born in the UK, has a British father and has lived here all their life. Or settled status which also needs to be applied for but at least that's free.

Naliny · 23/06/2021 20:55

If a child was born in the UK (2016) to two EU citizens, one of whom had been in the UK for 10 years already (so technically had “permanent residency” at that point, but had never officially applied for it) - is that child British?

Naliny · 23/06/2021 20:58

To clarify:

You’re automatically a British citizen if when you were born all the following applied to at least one of your parents:

  • they had citizenship of a country that was in the EU or the EEA at the time
  • they lived in the UK
  • they had ‘indefinite leave to remain’ (ILR), ‘settled status’, ‘permanent residence status’, ‘right of abode’ or ‘right of re-admission’

It’s the 3rd point I am unsure about as never officially applied for PR back then (I since have obtained settled status, but after my child was born).

HelpLegalAdvicePlease · 23/06/2021 21:01

@Naliny

Does your child have a passport and for which country?

HelpLegalAdvicePlease · 23/06/2021 21:02

Mistake in my previous post the significant date is 30th April 2006.

Horizons83 · 23/06/2021 21:07

[quote HelpLegalAdvicePlease]@MythicalBiologicalFennel

This is not true. A child born before 1st 2006 July to unmarried parents, one British and one EU national would automatically have the mother's nationality, even if born in the UK.
A child born in the UK on or after this date can choose which nationality of their parents they would prefer, usually done by simply applying for a passport of their country they wish to have citizenship of.

I know this because I am an EU national and the mother of a child born under the above circumstances and the only option for them to become British is by applying for citizenship and paying over £1K for the privilege, even though my child was born in the UK, has a British father and has lived here all their life. Or settled status which also needs to be applied for but at least that's free.[/quote]
Actually I think the fee is only £80, the ceremony fee. Your child falls under an exemption from the fee.

It is also possible that they were automatically a British citizen at birth if you had been living in the U.K. for more than 5 years before their birth.

PM me if you want more details. Either way the best way to protect their status now is to do a settled status application in the meantime.

Naliny · 23/06/2021 21:07

@HelpLegalAdvicePlease

Yes, German.

HelpLegalAdvicePlease · 23/06/2021 21:12

@Naliny regardless of whether your child already has a passport it sounds like you're in the same situation as me. Your child will not be British if you (or their other parent) did not already have one of those 3 official options (or settled status) at the time they were born. If you were to apply for their British citizenship, which you can do if they were born here and you now have settled status, it would cost you ££££'s. Have you applied for your child's settled status as well as your own?

AppWorkInProgress · 23/06/2021 21:12

Would anyone be able to advise on the next steps please? Current situation: My husband and I both have settled statuses granted in 2019. We applied for our son to get the status at the beginning of May 2021. Today we received a text message stating more information required, details in the email. Problem: no email received (checked the spam), and phone line not is never available.

Horizons83 · 23/06/2021 21:16

@Naliny

To clarify:

You’re automatically a British citizen if when you were born all the following applied to at least one of your parents:

  • they had citizenship of a country that was in the EU or the EEA at the time
  • they lived in the UK
  • they had ‘indefinite leave to remain’ (ILR), ‘settled status’, ‘permanent residence status’, ‘right of abode’ or ‘right of re-admission’

It’s the 3rd point I am unsure about as never officially applied for PR back then (I since have obtained settled status, but after my child was born).

Yes your child is very likely automatically British:

Permanent residence status
Your parent will usually have got permanent residence status automatically if both the following apply:

they were from an EU or EEA country
they lived in the UK for 5 years and were working, studying, self-sufficient or looking for work here
Your parent does not need to have applied for a permanent residence document to have permanent residence status. Find out more about permanent residence status.

www.gov.uk/check-british-citizenship/your-parents-immigration-status-when-you-were-born

Here is the document you need:

www.gov.uk/government/publications/treaty-rights-passport-applications

You need to show that at least one parent was exercising treaty rights for at least 5 years before the birth of the child.

Horizons83 · 23/06/2021 21:19

[quote HelpLegalAdvicePlease]@Naliny regardless of whether your child already has a passport it sounds like you're in the same situation as me. Your child will not be British if you (or their other parent) did not already have one of those 3 official options (or settled status) at the time they were born. If you were to apply for their British citizenship, which you can do if they were born here and you now have settled status, it would cost you ££££'s. Have you applied for your child's settled status as well as your own?[/quote]
Sorry this is incorrect. The child is likely automatically British.

I would agree though that any child who you are not certain is automatically British should apply for settled status as a stop gap.

Naliny · 23/06/2021 21:19

@JuliaMumsnet

@HelpLegalAdvicePlease - looks like there’s a chance your child could be British already? 🤞🏼

Naliny · 23/06/2021 21:20

Oh sorry - not sure what happened in my last post there.

@Horizons83 Thank you SO much for this, this is exactly the kind of information I was after. Much appreciated.

Horizons83 · 23/06/2021 21:21

@AppWorkInProgress

Would anyone be able to advise on the next steps please? Current situation: My husband and I both have settled statuses granted in 2019. We applied for our son to get the status at the beginning of May 2021. Today we received a text message stating more information required, details in the email. Problem: no email received (checked the spam), and phone line not is never available.
Unfortunately the only thing I would recommend is calling the phone number until you get through. But if your son was born in the U.K. after you received settled status he is automatically British (assuming you did get settled status, not Pre settled status).
Horizons83 · 23/06/2021 21:25

My advice to anyone who has a child born here and they are not sure if they are British.. submit an application for settled status before 30 June anyway. It will protect their legal position whilst you are working out the citizenship issue.

SchrodingersImmigrant · 23/06/2021 21:29

@AppWorkInProgress

Would anyone be able to advise on the next steps please? Current situation: My husband and I both have settled statuses granted in 2019. We applied for our son to get the status at the beginning of May 2021. Today we received a text message stating more information required, details in the email. Problem: no email received (checked the spam), and phone line not is never available.
Can you log in to see the application? I really don't know if it changed.

Also there is UKCEN who helps with immigration matter so have a look at the web they might have more people with the same issue, if not, ask. It's law professionals there

HelpLegalAdvicePlease · 23/06/2021 21:29

@Naliny I think the problem might be that by applying for a German passport you have 'chosen' that nationality and therefore they are not British. Even if they could be entitled to British citizenship (as my child is) you would need to apply for it and pay the fee. I have been looking for loopholes for years and have sought lots of advice because after they turn 18 the fee is twice as high and they would also have to attend and pay extra for a citizenship ceremony.
I really hope that it will be different for you, if the permanent residency doesn't have to be officially recorded it looks like that might be okay but there's still the German passport that might cause an issue.

Naliny · 23/06/2021 21:35

@HelpLegalAdvicePlease thanks for your advice and experience. I will definitely make sure to apply for their settled status tomorrow (3 kids now, the youngest of which is definitely British though, as born after I had obtained settled status), so hopefully that will tie us over until we figure out the citizenship issue. I hope you’re wrong with regards to the other passport. 😬 And also hope you find a solution to your situation.

HelpLegalAdvicePlease · 23/06/2021 21:55

@Naliny I hope I'm wrong too! When my child was born in that window between 2000 and 2006 I didn't have a choice but to apply for an EU passport so we'd be able to travel. But now with brexit I would prefer for them to have British nationality just to make their life easier as they have lived here all their life and have no intention of moving to the country that they're a national of. As I now have settled status they are (supposed to be) entitled to British citizenship but i have been told must apply through the normal channels and pay the (ridiculous!) fee.

@Horizons83 I have pm'd you about a possible exemption and hope you know more than I do as I've been jumping through hoops a long time.

Kendodd · 24/06/2021 06:35

Could applying for ss for a child born here complicate a citizenship application? In that by applying for ss you have accepted them as not British?
Although you would think that whatever rights the child has belong to the child and even if the parents completely fuck up with the paperwork the child still has the rights they were born with.
Having said that , this didn't stop the government stripping British children of their rights as EU citizens.

I'm sorry and ashamed you are all in this situation.

Horizons83 · 24/06/2021 08:36

@Kendodd

Could applying for ss for a child born here complicate a citizenship application? In that by applying for ss you have accepted them as not British? Although you would think that whatever rights the child has belong to the child and even if the parents completely fuck up with the paperwork the child still has the rights they were born with. Having said that , this didn't stop the government stripping British children of their rights as EU citizens.

I'm sorry and ashamed you are all in this situation.

No it wouldn’t be an issue. The worst that was happen would be that the Home Office would realise that the child was already British and tell the applicant that.
pollypersephone · 24/06/2021 08:52

My child was born in 2012. My husband is British. If we had been unmarried my child would NOT have been British. People really need to look carefully at their individual circumstances and the laws that applied at the time of the birth.

User135644 · 24/06/2021 11:25

@caringcarer

This has been advertised widely including national news and newspapers but some will still miss the deadline. Councils should be able to provide a history of how long a person has lived in the country also schools could be able to state how long a child has attended. Even if a person has not got all of the evidence they should still apply and put in s note saying evidence to follow.
Tbf it's been open for over 2 years now and already extended past the deadline of December last year.
BlackLambAndGreyFalcon · 24/06/2021 12:13

@HelpLegalAdvicePlease I don't think that the German Passport will be an issue. My DD has dual nationality British-German and it isn't a problem on either side that she hold both passports. If @Naliny's DC are entitled to hold both passports according to the relevant laws in both countries then it won't be an issue.

pollypersephone · 24/06/2021 12:22

Dual or tri nationals aren't a problem so long as you remember to enter on the right passport.

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