Eswn2016

English father and Moroccan mother child born in Spain

Can our child enter UK

dmu

Hi, what Passport would the child be travelling under, and do you mean enter the UK to live, or to visit?
You'd do better to repost in the "Moving Back to the UK" forum if the former, and the Spain forum for the latter.
Will the mother be accompanying the child in either case? If so, she'll need some sort of Visa for herself. If not, she must give written permission for the UK father to take the child to the UK.
When you post again, give more info on your family situation...

BritInParis

Providing you are travelling together and you obtain the child's British passport, yes.

Eswn2016

Ok more info

I am British by birth with passport
My wife is Moroccan with 5 year residency in Spain
I am am familiar with spouse visa requirements for us to live in UK but my query is more about how our child who is new born can travel to UK. Spanish register office says he won’t have a Spanish passport

We all live in Spain an si have a house in UK as well

On the Spouse visa will it enhance our chances of getting a spouse visa by the way ?

BritInParis

Your son isn't a Spanish citizen and therefore won't be entitled to a Spanish passport. You should obtain his British passport.

https://www.gov.uk/overseas-passports

You should obtain your son's British passport before making a spouse visa.

SanDiegogirl

Not at all .........

Eswn2016

Many thanks for tour help

I am self employed and have read that can’t apply for spouse visa for a year I.e. to evidence income for the last financial year, is this correct ?

BritInParis

Depends. Are you living and working in Spain or the UK?

SanDiegogirl

To apply for a spouse visa under self employment, you need to show the last full financial year's accounts to qualify.

If your business has not been running for a year then you won't qualify under self employment category.

britishbull

Thought there was a loophole whereby if you were living in an EU country with your wife for a time then she had an automatic right to move to the UK with you?

Your kid should have British passport anyway. If you can not show an income then you can show cash as an alternative but something like 100k I think. With the Home Office in its current tizzy probably a good time to apply as they will not want more bad publicity such as separating child from its mother (and you have human right laws on your side). You need to write a covering letter pointing out all the salient points (income/assets etc) because the staff just skim through a lot of stuff and often miss what should be obvious to them. A letter from an accountant outlining your gross/net income may suffice if everything else is good. You will be dealing with bureaucrats with a big book of rules who have to tick all their boxes and it is a mistake to assume that they are applying any intelligent thought to your application,

BritInParis

The Surinder Singh route. That may be a possibility but the OP needs to confirm exactly when and where he has been living and working.

The child is a British citizen and entitled to a British passport. The OP merely needs to make an application. The savings route for a spouse visa requires £62,500, not £100,000. You'll need a lot more than just a letter from an accountant if you are planning to apply as a self-employed person if that's what you are suggesting.

The Home Office applies the immigration rules to an application; no more, no less. Either you meet the requirements and the visa is granted or you don't and it's refused. Claiming that they are more likely to grant at the moment due to the Windrush saga is not helpful advice given that it was caused by applying the rules so consistently.

bobd22

This may help?

https://www.gov.uk/government/public...sh-citizenship

BritInParis

OP hasn't posted for two months - I suspect he has already applied for and received his child's passport.