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UK citizenship for children of Dutch citizen

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Directive/2004/38/EC
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UK citizenship for children of Dutch citizen

Post by Directive/2004/38/EC » Sat Jan 05, 2008 7:29 pm

Parents: Both parents are Dutch citizens, resident and working in the UK long term (since 1988?) but not officially registered here.
Children: born in UK

Reading http://en.wikipedia.org/wiki/British_na ... tober_2000 it looks like children of an EU citizen born in the UK before 2000 were automatically UK citizens, even if they were not registered.

What about a child born in 2003?

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Re: UK citizenship for children of Dutch citizen

Post by JAJ » Sat Jan 05, 2008 7:33 pm

Directive/2004/38/EC wrote:Parents: Both parents are Dutch citizens, resident and working in the UK long term (since 1988?) but not officially registered here.
Children: born in UK

Reading http://en.wikipedia.org/wiki/British_na ... tober_2000 it looks like children of an EU citizen born in the UK before 2000 were automatically UK citizens, even if they were not registered.

What about a child born in 2003?

Child born between 2 Oct 2000 and 29 April 2006 was (with some limited exceptions) not automatically British unless the parents had applied for and obtained Indefinite Leave to Remain.

As parents got PR on 30 April 2006, child can now be registered as British under section 1(3) of the British Nationality Act.

It would appear that this registration does not cause loss of Dutch citizenship although if important, that should be confirmed in writing.

http://en.wikipedia.org/wiki/Dutch_nati ... itizenship

Are either/both parents planning to become British citizens?

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Post by Directive/2004/38/EC » Sun Jan 06, 2008 7:08 am

Thanks!

I am curious about some details. Does the child's right to register as a British citizen depend on them being a minor? Can they do it when they are 30 and their parents have moved outside of the UK?

I suspect neither parent is planning to become a British citizen, though who knows what the future brings.

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Post by JAJ » Sun Jan 06, 2008 4:53 pm

Directive/2004/38/EC wrote:Thanks!

I am curious about some details. Does the child's right to register as a British citizen depend on them being a minor? Can they do it when they are 30 and their parents have moved outside of the UK?

Application for registration as a British citizen under section 1(3) of the Act must be made before age 18.

Why would the parents not want to sort this out now?

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Post by Directive/2004/38/EC » Sun Jan 06, 2008 7:19 pm

Actually the parents had never even thought about the kids being possibly British. The questions comes come more from me than them.

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Post by JAJ » Sun Jan 06, 2008 8:45 pm

Directive/2004/38/EC wrote:Actually the parents had never even thought about the kids being possibly British. The questions comes come more from me than them.
Is it correct to say that the older children were born before 2 October 2000? If so, they are automatically British and it should be documented as soon as possible by getting British passports (might be much harder to do later on due to lack of evidence about what parents were doing at the time).

The Passport Office go through phases of not understanding the law as it applies to U.K. born people in this situation. The Home Office can as far as I know issue a letter confirming the child's citizenship status if it's necessary to obtain a passport.

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