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I am Italian and have two children born here in the UK. The youngest is 8 months. We've been visiting my parent in Italy last month, and since the registration in the Italian registry had not been completed we used her Mauritian passport (my wife is Mauritian and we got passport and citizenship in 6 days).

When we returned from Italy, the UK border control issued for my daughter a 3-month visa because she doesn't have any Italian (European Union) document.

Today I found out that apparently the consulate has never sent the document over to Italy and before that happens I am unable to request any ID.

Is there any other way I can prove her right to stay here?

UPDATE: I finally managed to talk with somebody at the Italian consulate (after 1.5 hours on the phone). They received the document in February but for some reason they never looked at them. 5 minutes at the phone and the file is good to go... They couldn't give any advise on the VISA.

I know this doesn't answer the question but if somebody else has applied for anything at the Italian consulate, I suggest you call from time to time and check what is happening!

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  • What three-month visa was she given at the border? Was it an EEA family permit?
    – phoog
    Aug 21, 2017 at 16:41
  • @phoog it says "admitted to the UK under the immigration (EEA) regulations 2016 for 3 months"
    – algiogia
    Aug 21, 2017 at 20:53
  • That means they've admitted her under the UK's transposition of the directive. She can stay in the UK as long as you do, for up to three months, and, if you are a "qualified person" (for example, employed in the UK), she can remain for as long as you are a qualified person.
    – phoog
    Aug 21, 2017 at 21:07
  • We are supposed to travel to Mauritius next month and would come back before the visa expire. Would we have problems re-entering the UK?
    – algiogia
    Aug 22, 2017 at 6:59
  • No. Your daughter should get a new three-month admission every time she enters. Freedom of movement is a legal right, after all.
    – phoog
    Aug 22, 2017 at 15:42

1 Answer 1

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Even if your child were not Italian, she would enjoy freedom of movement as your family member (i.e., dependent child under 21 years of age) because you are Italian. See Directive 2004/38/EC. With your passport and her birth certificate, you can therefore prove that she has a right to remain with you in the UK. In fact, it's puzzling that she was given a limited duration of entry in the first place unless you didn't have proof of your family relationship when you arrived at the border.

Once she has her Italian document, of course, she will have evidence of her independent right to remain in the UK as an Italian citizen.

Because she is covered by the freedom of movement directive, it should not be legally necessary for her to get her Italian paperwork completed before the three-month visa expires, but it is likely to be simpler for all involved if she does.

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  • So I would be fine travelling with the birth certificate?
    – algiogia
    Aug 21, 2017 at 20:58
  • @algiogia for UK immigration control, yes. Airlines might be a different matter.
    – phoog
    Aug 21, 2017 at 21:09

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