English Father & Foreign Mother = children?

[dobunns]

I am English and my wife south american. We live abroad. Wife doesn't have permanent visa, was issued spouse visa once, but it is over now. Which nationality will be our children?

[yankeegirl]

Well it depends on what specific nationality your wife is, and in what country your children were/are born. Each country has it's own laws regarding nationality, so it would be impossible to say with the info you have given.

[JAJ]

I am English and my wife south american. We live abroad. Wife doesn't have permanent visa, was issued spouse visa once, but it is over now. Which nationality will be our children?

Assuming you are born or naturalised in the UK, any children you have will be British citizens (by descent) by birth.

And then as someone else says, the rest depends on your wife's nationality status (what country is she from - not all countries allow mothers to pass on citizenship) and what country the children will be born in.

[dobunns]

Right. My wife is brazilian and the children were born in Brazil. I am English by birth (my mother and my father are english and I was born in the UK).

My children will have English nationality?

I heard it will depend on my wife status, i.e. if she has the permanent visa, which she hasn't got.

[JAJ]

Right. My wife is brazilian and the children were born in Brazil. I am English by birth (my mother and my father are english and I was born in the UK).

My children will have English nationality?

No they won't, because there is no such thing as "English nationality".

Your children have British citizenship from the moment they were born. However they will have this status by descent which means that they will not necessarily be able to pass on their British citizenship to children born outside the United Kingdom.

You should obtain British birth certificates for them from the Embassy, as well as British passports.

Being born in Brazil, the children are also Brazilian citizens by birth. As far as I understand, they should use Brazilian passports to enter and leave Brazil.

I heard it will depend on my wife status, i.e. if she has the permanent visa, which she hasn't got.

No, that's totally wrong. A child born outside the United Kingdom will be a British citizen (by descent) if either parent is a British citizen otherwise than by descent.


Have you thought about whether you would like to become a Brazilian citizen? As far as I know, Brazil now allows dual citizenship?

[dobunns]

Yes, my wife says they will have the brazilian citizenship.

I wasn't certain whereas the children will be able to have a British citizenship because I've been told that for this my wife would have to have a permanent visa.

I want them to have my nationality. And I am English and British.

[JAJ]

I wasn't certain whereas the children will be able to have a British citizenship because I've been told that for this my wife would have to have a permanent visa.

Who on earth told you nonsense like that?

A good overview of the law is given by Home Office leaflet BN4:
http://www.ind.homeoffice.gov.uk/applyi ... w=Standard

Contact the British Embassy to find out about obtaining British passports and birth certificates for them (birth certificates not essential but strongly recommended).