Baby born in UK but not eligible for citizenship

[confused99]

Hi,

We've recently had a baby here in the UK and have started looking into passport options. It seems as though it's not as straight forward as first thought. I hold an EEA passport and my fiance has an EEA residence dependency permit on me. We also have Australian passports by birth. We have been living in the UK for just over 4 years.

Our investigations tell us that our baby is not eligble for a British passport as we have not been residents here for 5 years. Because of this, we would have to obtain an Australian passport (not sure about the EEA eligibility and indeed would be too difficult anyway). Obtaining the Australian passport doesn't appear to be an issue however I cannot find any information on UK re-entry particulars for our baby. Would our baby need a visa? permit? anything?

Any help would be greatly appreciated.

Thanks

[MPH80]

Yes - technically your baby is going to require an EEA family permit - just like your wife.

[Obie]

Why is it that the baby cannot have a European Passport.

Don't think the baby requires an EEA family permit, he/she can come in with an Australian Passport, accompanied by dad and mum or both, for all long as dad is in the UK.

You can nevertheless apply for it, but it is not a requirement in law.

[confused99]

Obtaining an EEA passport for the baby is not the ideal choice as I do not speak fluently in the language of origin and indeed translation and other processes would far outstrip any other mechanisms. Judging by the responses it sounds as though the options are;

1. Australian Passport (EEA family permit)
2. Australia Passport (On its own)

Regarding (2) - I've read online that customs have stopped other individuals in the same situation and have been given a warning. Is there anywhere I can clarify the particulars on this? I definitely do not want to run the risk of returning to the UK only to be told that we all need to revert back to the originating travel location.