EEA PERMIT HOLDER NEED VISA FOR MY BABY BORN IN THE UK

fatimahh · Post by **fatimahh** » Tue Mar 12, 2013 10:34 pm

HI, everyone, i know you are doing your best to deal with everyone, but could you please help me!!!
I have been maried with my partner for 3 years now and have the EEA Permit as he is member of EEA. i now have a daughter born in the uk, but she is not my husbands' as he cannot have baby and i wanted one. he has therefore refuse to recognise her. could you help me with information on how to get her a visa
thank you in advance

fatimahh · Post by **fatimahh** » Tue Mar 12, 2013 10:40 pm

Please note that i am a non EEA FAMILY MEMBER OF AN EUROPEAN

Post by **Obie** » Tue Mar 12, 2013 11:02 pm

Well, are you still in a relationship with this man, or are you divorced?

What is the nationality of the biological father, or what is his staus in the UK?

fatimahh · Post by **fatimahh** » Tue Mar 12, 2013 11:10 pm

Thank you Obie for replying. we are still maried and the biological father is a non EEA student(was just a one off foolish mistake but decide to keep the baby as did not want to abort)

Post by **Obie** » Tue Mar 12, 2013 11:24 pm

You could apply for a national passport for your child, and apply for Residence card once that is received. This will all depend on whether your husband is still exercising treaty rights, and he is ready to provide the necessary document to support the application.

You may also want to give consideration to marriage counselling, as it must be a difficult moment for the pair of you.

fatimahh · Post by **fatimahh** » Tue Mar 12, 2013 11:30 pm

thanks again Obie for your time, Yes it has been indeed very difficult but we are getting there. i know that if i ask his document he will suply them but the baby do have her biological father name as this is what my hubby required for us to stay in the relationship. i really want to travel and take a brake with the baby but do not know what to do? is it possible for me to use my husband document even thought she is someone else baby??? if i travel with her without resident card, will i be able to bring her back in the UK?

Post by **Obie** » Tue Mar 12, 2013 11:43 pm

Well you first need to sort out this child's passport? possibly she may be able to acquire your nationality.

How long has your husband lived in the UK for, and are you thinking of the possibility of him adopting this child as his or not?

It may raise eyebrow at the homeoffice, but at the end of the day, if it is established that you are in a genuine relationship with your husband and has been, and that you are still in a subsisting marriage, they will have no option but issue her a residence Card.

fatimahh · Post by **fatimahh** » Tue Mar 12, 2013 11:55 pm

He has been living here for 2 year and half and is working, no for now he does not want to adopt the child

, i have decide to let it rest (convincing him to adopt)and try again when baby is older. and yes i am thinking of applying for her passort from my ambassy. If we receive her passport and he gives us his document do you think i can apply in person at the HO for her permit? or can i apply for it back home as i wanted to go there this easter, thank you for your advice Obie that is really kind of you!!!!
If anyone have had the same situation could you please share with me

fatimahh · Post by **fatimahh** » Wed Mar 13, 2013 2:11 pm

I have apply today for my child passport from my country ambassy, and i should receive the passport in 2 weeks time! Could anyone give me the list of document i would require to apply on form EEA2 for her! Do i need to include my passport plus my husband one? If i were to do it in person do my husband need to be there???? Thank you for your help in this matter

fatimahh · Post by **fatimahh** » Wed Mar 13, 2013 11:04 pm

anyone???????

fatimahh · Post by **fatimahh** » Mon Mar 18, 2013 10:55 am

Please can anyone help me out, Obie are your still there, your advice will be much appreciated.

Post by **EUsmileWEallsmile** » Mon Mar 18, 2013 7:43 pm

Your status and your baby's status are dependent on your husband. What is he doing in the UK? Is he working, self-sufficient or a student? If he is exercising treaty rights, then he is entitled for his family members to be with him.

Your baby would be covered as a family member according to the directive and EEA regulations. You are the mother and you are married to an EU national living in the UK.

Complete EEA2, you need to sent it by post. You will need to provide evidence that you are the mother (birth cert); that you are married to an EU national (marriage certificate), the baby's passport; evidence of your husband's nationality (passport or ID) and evidence of what your husband does in the UK (worker, student, self-sufficient).

How long has your husband lived in the UK? Does he perhaps have permanent residence?

Post by **Obie** » Tue Mar 19, 2013 12:15 am

EUsmileWEallsmile wrote:Your status and your baby's status are dependent on your husband. What is he doing in the UK? Is he working, self-sufficient or a student? If he is exercising treaty rights, then he is entitled for his family members to be with him.

Your baby would be covered as a family member according to the directive and EEA regulations. You are the mother and you are married to an EU national living in the UK.

Complete EEA2, you need to sent it by post. You will need to provide evidence that you are the mother (birth cert); that you are married to an EU national (marriage certificate), the baby's passport; evidence of your husband's nationality (passport or ID) and evidence of what your husband does in the UK (worker, student, self-sufficient).

How long has your husband lived in the UK? Does he perhaps have permanent residence?

I concur.

It is nothing person that your question has not been answered in the timely manner you expected.
Unfrtunately some of us do have our job, outside the forum, so it means you might have to wait for a while.

Prepare for the fact that the HO, might want to enquire into the genuine nature of your marriage, given the fact that child was born, after you got married to the EEA national.

Provided you can satisfy them that your relationship is truely genuine, your child should be fine.

However i doubt if you will be able to receive a residence Card before easter.

fatimahh · Post by **fatimahh** » Tue Mar 19, 2013 11:38 am

Thank you so much Obie and EUsmileWEallsmile for your reply, i know you are all here voluntaryily and we really do appreciate the effort. yes he is exercising treaty rights, however he was out of work since December 2012 and has started a new one this month March. do you thing that can be a problem?
thanks again, will update on my situation as soon as anything happen

Post by **EUsmileWEallsmile** » Tue Mar 19, 2013 7:12 pm

As long as your husband is working, he is living in accordance with the regulations and his family members can be with him.

fatimahh · Post by **fatimahh** » Wed Mar 20, 2013 3:15 pm

Thank you EUsmileWEallsmile for the information, realy do appreciate it. forget to mention that he only have the 5 years cards of EEA1 and he's been here for 3 years now. thanks for your time

Post by **Directive/2004/38/EC** » Wed Mar 20, 2013 10:27 pm

What is the citizenship of the baby? Is the biological father's name on the birth certificate?

Be very clear that the family members covered by the law include both your children and the EU citizens children, assuming you are married.

If the baby would normally require a visa to enter the UK, then I would urge you not to travel outside the UK until the RC is issued. Spring time is coming, the sun and strawberries are near (hopefully), and international travel can only cause problems.

fatimahh · Post by **fatimahh** » Thu Mar 21, 2013 3:52 pm

Thanks Directive/2004/38/EC for your advice, and yes we agree to put biological father name on certificate, therefore i was even wandering if i should put the full birth certificate or just the summary in the application

Post by **EUsmileWEallsmile** » Thu Mar 21, 2013 7:39 pm

If you have the full one, put that in with the application. The important point is to demonstrate that you are the mother.

Post by **Directive/2004/38/EC** » Thu Mar 21, 2013 9:15 pm

EUsmileWEallsmile wrote:If you have the full one, put that in with the application. The important point is to demonstrate that you are the mother.

Agreed

fatimahh · Post by **fatimahh** » Fri Mar 22, 2013 10:08 am

Thank you all for your great advise, really appreciate your help!!!!

fatimahh · Post by **fatimahh** » Wed May 01, 2013 10:22 am

Hello All, thank you very much for your great advice. I finally took the chance and travelled with my daughter for April break. please note that we travelled with her non EEA passport and without VISA. Once in the host country i applied for EEA2 for her. The application had the EEA hubby ID, bank statement and work letter, tenancy agreement, daughter full birth certificate and hospital letters, copy of my RC, utility bills. Within a week my daughter was granted family permit valid for 6 month

. We are now back to the UK. I shall now apply for her 5years RC

Post by **Directive/2004/38/EC** » Wed May 01, 2013 10:28 am

fatimahh wrote:Hello All, thank you very much for your great advice. I finally took the chance and travelled with my daughter for April break. please note that we travelled with her non EEA passport and without VISA. Once in the host country i applied for EEA2 for her. The application had the EEA hubby ID, bank statement and work letter, tenancy agreement, daughter full birth certificate and hospital letters, copy of my RC, utility bills. Within a week my daughter was granted family permit valid for 6 month :D :D :D :D :D :D . We are now back to the UK. I shall now apply for her 5years RC

You must have applied for a EEA Family Permit. Once in the UK you can apply for a Residence Card (valid for 5 years)

fatimahh · Post by **fatimahh** » Wed May 01, 2013 12:00 pm

In fact Directive/2004/38/EC, i did fill the form for EEA2, but for some reason they sent me back the completed form and granted her the family permit. I therefore consider myself lucky

Post by **Directive/2004/38/EC** » Wed May 01, 2013 3:09 pm

Wonderful that somebody in UKBA did the right thing. It is too rare a story!

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EEA PERMIT HOLDER NEED VISA FOR MY BABY BORN IN THE UK

EEA PERMIT HOLDER NEED VISA FOR MY BABY BORN IN THE UK

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EEA PERMIT HOLDER NEED VISA FOR MY BABY BORN IN THE UK

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