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  • FAQ

    Last updated: December 1st, 2023

    Are there scenarios where I cannot apply for EU settlement scheme status for my new-born child?

    In order for a child to apply for status under the EU Settlement Scheme (EUSS) as a ‘joining family member’, the sponsor must be an EEA/Swiss citizen with (pre-)settled status under the EUSS, who was in the UK on or by 31 December 2020.

    There are therefore some situations where neither parent is eligible to be a sponsor, which means that a baby born in the UK to parents with pre-settled status under the EUSS will not be eligible for status under the EUSS. 

    This can happen for example in the following circumstances:

    • You obtained pre-settled status as an extended family member (for example a sibling, cousin, aunt etc) of an EEA/Swiss sponsor, rather than a close family member. 
    • You have pre-settled status and a ‘retained right of residence’ because your EUSS sponsor has died, left the UK or the relationship has broken down and your child is born after you acquired your retained right of residence.  
    • You obtained pre-settled status as a derivate rights holder (see the Gov.UK guidance on Chen, Ibrahim/Teixeira and Zambrano rights to reside)

    There are provisions in the UK Immigration Rules for a child, born in the UK to a parent with limited leave to remain (which is what pre-settled status is), to be able to obtain limited leave to remain. See the Immigration Rules paragraph 305, which describes the conditions for eligibility. You will need to pay application fees and an Immigration Health Surcharge.

    If however, your child was not born in the UK, then your child cannot obtain immigration status in the UK until one of the parents obtains either settled status / indefinite leave to remain, or acquires British nationality.

    If your child was born in the UK and at the time of their birth at least one parent was British or had settled status (or permanent residence rights under the Withdrawal Agreement), then your child is British and does not need to have status under the EU Settlement Scheme.
     

    We strongly recommend you seek immigration advice, see https://www.the3million.org.uk/useful-links for some organisations that can give legal advice.

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