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Very strange problem

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nmitter
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Very strange problem

Post by nmitter » Sat Nov 21, 2009 11:53 am

I m Indian national married to my wife from Poland who also has a German nationality as well as Polish.

I m on EEA permit and we are about to have a baby in UK. But we just don't know what nationality will the baby have?

Can anyone help with this issue please? What nationality will the baby have - Indian / Polish / German / British

Ben
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Post by Ben » Sat Nov 21, 2009 12:38 pm

Potentially five nationalities, but definitely two.
  • German.
  • Polish.
  • Indian if the birth is registered at an Indian consulate within one year of the date of birth.
  • British if either parent is present and settled in the UK at the time of the birth.
  • Irish if born in Northern Ireland and either parent is present and settled in the UK at the time of the birth.
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nmitter
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Post by nmitter » Sat Nov 21, 2009 12:57 pm

benifa wrote:Potentially five nationalities, but definitely two.
  • German.
  • Polish.
  • Indian if the birth is registered at an Indian consulate within one year of the date of birth.
  • British if either parent is present and settled in the UK at the time of the birth.
  • Irish if born in Northern Ireland and either parent is present and settled in the UK at the time of the birth.
Thanks

I have been in the UK for 9 years now on different permits and wife has been here for last 4 years. I may be able to get a PR next year after 10 years in UK, but wife being German is not bothered. But the baby is due before the my PR time, hence the confusion.

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Post by Ben » Sat Nov 21, 2009 1:02 pm

Once your wife has been resident and exercising Treaty rights in the UK for 5 years, the baby can be registered as a British citizen.
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Re: Very strange problem

Post by Iira » Sat Nov 21, 2009 1:21 pm

nmitter wrote:What nationality will the baby have - Indian / Polish / German / British
As far as I know, (my children were born in UK and both, myself and my husband have different nationalities. I also have dual nationality...) they cannot be British by being born here unless one of the parents is British. They could acquire the nationality later on but, you need to check if your other nationalities allow that. Some countries don't allow dual nationalities and, therefore, they could loose the one they get by birth by acquiring another one.

You will need to check all the countries you mentioned and see their rules.
For example, I couldn't get one of my nationalities because my country doesn't have a nationality agreement with my husband's country! Ridiculous as it sounds...and actually the country were I was born and spent 28 years of my life...The only way my children could get that nationality is by being born there or acquiring the nationality (and that would mean to loose the other 2 nationalities).

After you get the Birth certificate (get several copies), you need to apply at each embassy for citizenship and passport. You usually need to pay a fee for that so keep in mind that it will cost quite a lot to apply for all! Some embassies require the birth certificate to have "apostille" (extra money to pay!). (http://www.fco.gov.uk/en/about-us/what- ... alisation/)

As you can see, your question is not an easy one...You will need to do a lot of research!

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Post by nmitter » Sat Nov 21, 2009 1:39 pm

benifa wrote:Once your wife has been resident and exercising Treaty rights in the UK for 5 years, the baby can be registered as a British citizen.
She has been a resident for last 2 years with an EEA card, but she has been in the UK for last 4 years, and I have been in the UK for 9 years first as a Student, then got a work permit and then an EEA permit. I m hoping that once I get a PR after september next year (10 years completed) then I can register baby as British citizen. Am I right in my thinking?

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Post by Ben » Sat Nov 21, 2009 1:40 pm

nmitter wrote:I m hoping that once I get a PR after september next year (10 years completed) then I can register baby as British citizen. Am I right in my thinking?
Yes. Once either you have ILR or PR, or your wife has PR, the child can be registered as a British citizen.
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nmitter
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Re: Very strange problem

Post by nmitter » Sat Nov 21, 2009 2:14 pm

Iira wrote:
nmitter wrote:What nationality will the baby have - Indian / Polish / German / British
As far as I know, (my children were born in UK and both, myself and my husband have different nationalities. I also have dual nationality...) they cannot be British by being born here unless one of the parents is British.
As you can see, your question is not an easy one...You will need to do a lot of research!
Thanks for the info. May I ask what nationality are you and your husband, is any one of you an EEA national? as being any one of EEA national we can live and work anywhere in Europe so it shouldn't make any difference what nationality kids have as long as its within EEA. Would you agree?

Iira
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Re: Very strange problem

Post by Iira » Sat Nov 21, 2009 2:37 pm

nmitter wrote: Thanks for the info. May I ask what nationality are you and your husband, is any one of you an EEA national? as being any one of EEA national we can live and work anywhere in Europe so it shouldn't make any difference what nationality kids have as long as its within EEA. Would you agree?
I'm EEA national and I have passed that nationality to my children. However, I was born in South America and couldn't get my children to get that nationality. My husband is non-EEA.

I agree with you, one European nationality is actually enough. The more you get, the biggest the mess...you'll have to remember to renew passports, etc.

Also, I don't know if you are concern about it but...some countries still have compulsory military service and if they get the nationality and happen to live there, they'll have to join...I know...it's early to think about it but you may want to consider your pros and cons.

Regards.

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Re: Very strange problem

Post by JAJ » Sat Nov 21, 2009 5:11 pm

Iira wrote: As far as I know, (my children were born in UK and both, myself and my husband have different nationalities. I also have dual nationality...) they cannot be British by being born here unless one of the parents is British.
That is wrong ... if at least one parent is a permanent resident (at time child is born), child will be British. Automatically.

nmitter
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Re: Very strange problem

Post by nmitter » Sat Nov 21, 2009 5:33 pm

JAJ wrote:
Iira wrote: As far as I know, (my children were born in UK and both, myself and my husband have different nationalities. I also have dual nationality...) they cannot be British by being born here unless one of the parents is British.
That is wrong ... if at least one parent is a permanent resident (at time child is born), child will be British. Automatically.
ok I m hoping to get residency by Dec 2010 but the baby is due in Feb 2010, so what nationality will I be applying for in Feb? or shall I wait till I have a PR and then apply. So confusing....

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Post by Directive/2004/38/EC » Thu Nov 26, 2009 11:10 pm

nmitter wrote:I have been in the UK for 9 years now on different permits and wife has been here for last 4 years.
Exactly when did your wife arrive in the UK?
When did she start to work?

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