Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Child 3 possible nationality and applications

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Locked
ukbaby
Newly Registered
Posts: 20
Joined: Tue Apr 28, 2015 6:04 pm

Child 3 possible nationality and applications

Post by ukbaby » Sun May 24, 2015 10:55 am

Hi, I have Chinese passport with ILR from May 2015 (based on 10 yrs lone residence), my husband has Lithuanian passport, he lives in UK over 10yrs since 2003 and never applied PR.
Both of our countries do not accept dual nationality...Both of us do not plan to change our nationality soon.
We plan to live in UK and sometimes go to China and Lithuania in the future. Children may stay each 1-2 months in each countries a yr and rest time in UK.
We have 2 child were born in UK, 1st born in 2012, 2nd born in 2015 (3 months before I got ILR). Both of them never leave UK and do not have any passport yet.
I list all our possible options below:
1. MN1 register BC based on my ILR+ British passport, cost 800+ each, need Visa to China.
2. Apply British passport directly (send documents together to approve my husband existing treaty rights 5 yrs before 2012 to now? Not sure if this will work, if yes, only cost 45 for passport fee. Need Visa to China.
3. Chinese passport + ILR (depend on me), cost 1500 each, Need Visa to EU. Can apply to register to BC anytime before 18 or nationality anytime after 18.
4.Chinese passport + EEA2 (depend on my husband), cost 65, do not need visa when travel to EU with my husband without Visa?
5. Chinese passport + EEA4, can apply together with my husband EEA3, cost 65? Not sure if can travel to EU with my husband without Visa...
6. Lithuania passport, need Visa to China. And what will happen if UK leave EU?

It is hard to make decision when have many choices, but any decision will affect our future family life. I really wish both of our countries can accept dual nationality, then we will not need to apply visa for just go to see children's grandparents. It really feel pain for this kind international family, we may have to keep 3 different nationality of family. Thanks for all the comments and help.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Re: Child 3 possible nationality and applications

Post by Jambo » Mon May 25, 2015 5:38 am

Assuming your partner worked for 5 continuous years before 2012 (and registered for WRS if was employed), then the children are British from birth. Regardless if you apply for a passport.

I'm not familiar with China or Lithuania nationality laws, but I would imagine both country would see them as citizens until they do something that show they have chosen another citizenship (for example by applying for a foreign passport). If you want to keep the Chinese citizenship, the best would be a Chinese passport and Certificate of Entitlement - Right of Abode by the UK government. No need to ILR. You will need visa to travel in EU.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

ukbaby
Newly Registered
Posts: 20
Joined: Tue Apr 28, 2015 6:04 pm

Re: Child 3 possible nationality and applications

Post by ukbaby » Sun Jul 12, 2015 6:09 pm

Jambo wrote:Assuming your partner worked for 5 continuous years before 2012 (and registered for WRS if was employed), then the children are British from birth. Regardless if you apply for a passport.

I'm not familiar with China or Lithuania nationality laws, but I would imagine both country would see them as citizens until they do something that show they have chosen another citizenship (for example by applying for a foreign passport). If you want to keep the Chinese citizenship, the best would be a Chinese passport and Certificate of Entitlement - Right of Abode by the UK government. No need to ILR. You will need visa to travel in EU.
Thanks Jambo,
As I know before days ROA works fine, but now Chinese government changed policy that only child born before any parent have PR or become BC can apply for Chinese passport.
But I am not sure if this will work for us.
Because My husband never applied for PR, I do not have ILR when child was born. We can get Chinese passport.
On other side, If my husband can approve he has treaty rights continue for 5 yrs before Child was born, then British government should issue ROA. It seems works, just quite complicated.
Or maybe we just use MN1 to register for BC based on my MN1... Am I right?

boloney
Senior Member
Posts: 680
Joined: Sun Sep 19, 2010 9:40 am

Re: Child 3 possible nationality and applications

Post by boloney » Mon Jul 13, 2015 12:51 pm

let us know what your husband was doing in the UK before kids were born and if he had WRS done in time if it was required. As adviced your kids may be British by birth so no need to register and pay fees.

Locked
cron