Children on Separation

The non-EEA national children of a couple where one of the couple is either a British citizen, has permanent residence in the UK, is an EEA national or has temporary immigration permission to remain in the UK can generally apply for immigration permission, together with the non-EEA national parent, to remain in or enter the UK as the dependants of their parents. It is important to note that both the parents must either be applying for immigration permission at the same time as the children or already possess immigration permission or an appropriate nationality to live in the UK long term.

Where one of the parents is a British citizen or has permanent residence in the UK, the couple have to demonstrate that the British citizen or the parent who holds permanent residence satisfies certain financial requirements. This normally involves the British citizen or the parent who holds permanent residence earning a certain minimum income over the last 12 months. This is normally at least £3,800 per year for the first child and £2,400 per year for each subsequent child. This is in addition to the £18,600 per year they must demonstrate they earn to meet the financial requirements in relation to non- EEA national partner.

Where one of the couple if an EEA national, there is no minimum financial requirement. Where one of the couple is a non-EEA national with temporary UK immigration permission, the financial requirements vary depending on the UK immigration status that they possess. However, none of the financial requirements in this situation are as onerous as the situation where a non-EEA national is looking to apply for immigration permission as the child of a British citizen or someone with permanent residence.

It is important to note that where a non-EEA national is applying as the dependent child of a British citizen, someone with permanent residence in the UK or someone who has temporary immigration permission to remain in the UK, they must be under the age of 18 to qualify. If they are aged 16 or 17 years old, the UK Home Office normally requires them to provide evidence that they remain part of the family unit such as documentation demonstrating that the child still lives in the family home. Where the non-EEA national is applying as the child of an EEA national, they must either be under the age of 21 or be able to demonstrate that they require, and receive, financial support from the EEA national to meet their essential needs.

A child born in the UK where one of the parents is a British citizen or has permanent residence in the UK is British by birth. Where one of the parents is an EEA national, the child will normally be British by birth if, at the time of the child’s birth, the EEA national is deemed to have permanent residence in the UK through having lived in the UK for five years and exercising an EU Treaty Right throughout that period by, for example, having undertaken meaningful employment or self-employment during that time. If the child is born in the UK to a couple who both have temporary © LexSnap

immigration permission to remain in the UK or who are EEA nationals who are not yet deemed to hold permanent residence, they may apply to register as British once one of the their parents obtains permanent residence or is deemed to hold permanent residence.

Relevant links:

First British passport for your child - https://www.gov.uk/get-a-child-passport

Naturalisation application as a British citizen for those over the age of 18 - https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply

https://www.gov.uk/register-british-citizen/born-before-2006-british-father

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