Child born in UK - travel

Hi,

I couldn't decide where to post this, so mods please move if it'd be better elsewhere.

My wife will be having our first child soon. I'm in the UK on a tier 2 visa and she is here exercising EU rights (employed, full time permanent contract).

The child will be a dual US/Italian national, and we planned travel to Italy shortly after the birth. My partner greatly underestimated the bureaucratic hurdles involved in getting an Italian passport.

Would it be possible to travel to Italy using an American passport? I assumed that that wouldn't be possible, because they would be wanting the baby to have a UK visa when re-entering the UK on a US passport.

On another note, is there anything I need to do with the baby and my visa? I assume no as the baby can legally reside in the UK as an Italian based on her mother's EU rights. 

Thanks!
Max

Here's the zinger:

To re-enter the UK, the baby will either need a Tier 2 dependent visa based on your status or an Italian passport.  Neither is a great answer, I know.

Would your company sponsor a Tier 2 for baby?  That could be the lesser of two evils.  I've heard Italy is a nightmare for wait times and bureaucracy.  You could do a same day appointment for a Tier 2 and have the visa very quickly.

Alternatively, how long will baby be in Italy for?  Is it quicker to apply in country?  That could maybe be an option as well?

Here's the zinger:

To re-enter the UK, the baby will either need a Tier 2 dependent visa based on your status or an Italian passport.  Neither is a great answer, I know.

Would your company sponsor a Tier 2 for baby?  That could be the lesser of two evils.  I've heard Italy is a nightmare for wait times and bureaucracy.  You could do a same day appointment for a Tier 2 and have the visa very quickly.

Alternatively, how long will baby be in Italy for?  Is it quicker to apply in country?  That could maybe be an option as well?

Thanks for the reply FKDancer 

That's what I suspected. I never even considered getting the baby a visa as a USC - figured that'd be a can of worms I don't want to open. There's good news though, after a long, heated conversation with an Italian consular officer, we've discovered the fast track passport application which isn't on the website. Oh Italy... So it looks like we'll be able to get the Italian passport before our planned travel.

Follow up question: Do I need to inform the Home Office at all that I have a dependent child if we don't get the Tier 2 Dependent visa? I.e. the baby resides in Britain as an Italian national based on her mother's free movement of persons rights?

Thanks for the reply FKDancer 

That's what I suspected. I never even considered getting the baby a visa as a USC - figured that'd be a can of worms I don't want to open. There's good news though, after a long, heated conversation with an Italian consular officer, we've discovered the fast track passport application which isn't on the website. Oh Italy... So it looks like we'll be able to get the Italian passport before our planned travel.

Follow up question: Do I need to inform the Home Office at all that I have a dependent child if we don't get the Tier 2 Dependent visa? I.e. the baby resides in Britain as an Italian national based on her mother's free movement of persons rights?

Fantastic news!

No, you don't need to report the birth of the child to the Home Office.  You will include baby's information on your next application as an FYI, but won't need to do anything more than that.   

I assume no as the baby can legally reside in the UK as an Italian based on her mother's EU rights. 

Your baby can remain in the UK lawfully under EU laws as long as the EEA citizen mother is being a qualified person at all times.

You/your wife might want to have a read of the EU rules on being a qualified person in the UK while retaining working status after pregnancy.
From page 15
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/588174/EEA-qualified-persons-v4_0EXT.pdf
The UK made changes to some EU Regs and the above seems to be the latest, dated 1 February 2017.

As I said on your other thread, if she exceeds the timeline for retained worker status, then she can buy CSIs (Comprehensive Sickness Insurance) for both herself and your baby and become a Self Sufficient qualified person, but do not take any UK public funds. Your salary can be used for her self sufficiency as you have a legal right to work in the UK on your Tier 2 visa.

Thanks Sirius, I was more wondering if I need to do anything with the child and my visa as it will be living here under EU rules. I don't have a shadow of a doubt that my wife is fully within her rights as an EU worker.

I don't have a shadow of a doubt that my wife is fully within her rights as an EU worker.

It was the time taken off after the birth to retain worker status, that I was concerned about, that's why I put that link. I don't know how soon your wife intends to go back to work after the birth. 

It was the time taken off after the birth to retain worker status, that I was concerned about, that's why I put that link. I don't know how soon your wife intends to go back to work after the birth. 

Sorry I think that came off a bit more aggressive than intended I always prefer more information than less information

Sorry I think that came off a bit more aggressive than intended I always prefer more information than less information

  Don't worry, I'm sure I come across as blunt. The written word and all that.

I was concerned that the time allowed after a birth to retain worker status may have changed, because what I have seen other people advise, doesn't match that new UK February 2017 guidance. I'm sure you and your wife are keeping up to date on it all anyway.