Does your child need EU Settlement Scheme status? 

Children born to parents with status under the EU Settlement scheme (EUSS) will need to apply for status unless they are British or Irish. When your child needs to apply and what kind of application they need to make depends on your status and whether they are inside or outside the UK. It is important that your child has lawful status in the UK. 

After the transition period of Brexit, EU free movement law rights ended which means EU citizens – including their children – must have lawful immigration status in the UK. For EU citizens who started living in the UK before 31 December 2020, this will likely be under the EUSS. Children born before and after 31 December 2020 will also be eligible for EUSS status

It is important to note that children are not automatically granted EUSS status because their parents have pre-settled or settled status. They must apply for and be granted status of their own if they are not automatically British (or Irish). 

In work with clients, Seraphus often sees situations where children and their parents do not realise that they need to make an EUSS application. As the child gets older and needs to prove their rights it becomes clear that they do not have status for example, when they get their first job or apply to university. It can be more difficult to make an EUSS application once they become an adult so getting ahead of the issue is essential. 

However, understanding the situation of EU children can be complicated as their legal position will be based on the status of you as their parent. 

Children who are automatically British do not need immigration status and are not eligible to apply to the EUSS. A child is British if they are:

• born in the UK and 
• one of their parents is ‘settled’ in the UK at their date of birth

Settled means there is no time limit on a person’s permission to stay in the UK and they are not in the UK on a temporary basis. In other words, they live in the UK and have permission to stay indefinitely. 

Examples of a settled parent are:

• British or Irish citizens (including dual British/EU citizens)
• Those who hold settled status under the EUSS  
• Those who hold other indefinite leave to remain 
• Those with the right of abode in the UK 
• Those who hold pre-settled status and permanent residence under the Withdrawal agreement 
• Those who had permanent residence under the EEA regulations, if your child was born by 30 June 2021 (in some cases also after this date if your EUSS application was made before the deadline but had not been resolved when your child was born)

If your child is British, they can apply for a British passport to prove their rights and entitlements. British citizens are not required to have a passport, but it can be hard to prove citizenship without one, and it will be very difficult to travel to and from the UK even if the child has another passport. 

To apply, you will need to complete an application and submit supporting documents to show they are British. This will include proof of your immigration status at their date of birth, for example your Unique Application Number if you have been granted settled status. 

In some cases, your child can also become British after birth. For example, if you become settled after their birth but before they turn 18. This is done by registering your child as British.  

If your child is not British, Irish they will need to apply for immigration status to live lawfully in the UK. If you have status under the EUSS your child will likely be eligible and apply for EUSS status as well. A few different factors impact the deadline for their EUSS application and what type of application they should make.

 Children in the UK

If your child was living in the UK by 31 December 2020, they should have applied by the deadline on 30 June 2021. However, if they have not applied yet, they can still make a late application. Even if your child is now an adult, they will likely be able to show ‘reasonable grounds’ for applying late if they were a child when the EUSS deadline passed and no application was made on their behalf. 

If your child was born in the UK after 1 April 2021 an application should have been made within three-months from their date of birth. If the three-month deadline has passed, you will need to make a late application for them as above.

It can be difficult to get a national passport or an ID card for a child within three months of their birth which means you cannot submit an online EUSS application. If you cannot get your child a passport or an ID card within three months of their birth, you can still apply to the EUSS without an ID document by getting a paper application from the Home Office Resolution Centre. If you did not apply within three months of your child’s birth because you thought you needed to wait until they receive a passport or an ID card, you can still make a late EUSS application explaining this situation. 

Children born outside the UK

If your child is born outside the UK and they have not travelled to the UK there is no deadline for them to apply for the EUSS. If they have EU, EEA or Swiss nationality they can apply for pre-settled or settled status from outside the UK if they have a biometric passport or an ID card. Once their status has been granted, they can travel to the UK and have the right to stay. 

If your child has any other nationality they will need to make an application for and be granted an EUSS family permit before they can travel to the UK. Once they are in the UK, they have three months to make an EUSS application for pre-settled or settle d status (they can apply late if there is good reason for missing the deadline).  

If your child was born outside the UK and they have travelled to the UK at any time since 1 January 2021, they have a three-month deadline from the date they first entered the UK to make their EUSS application. This applies whether they are applying from inside or outside the UK (only EU, EEA or Swiss nationals can apply from outside the UK). If the three-month deadline has passed, they will be making a late application and have to show ‘reasonable grounds’ for missing the deadline as above. 

Alternatively, they can leave the UK and apply for an EUSS family permit which will allow them to enter the UK and make an EUSS application within three months of arrival. 

Make sure you are aware of what applies to your child. You can go through an interactive questionnaire to help you find the best next steps for you and your child.