General UK immigration & work permits; don't post job search or family related topics!
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stezander
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by stezander » Mon Sep 17, 2018 2:53 pm
Hello,
my partner and I live in the UK and had a baby here recently. She is a New Zealand citizen on a Tier 2 visa. I am a German citizen exercising treaty rights in the UK for almost 11 years now.
An application for a New Zealand passport has been made for our child, and I am going to apply for a British and German one soon.
We are scheduled to travel to in a few weeks and I'd just like some information in case the British and German passports aren't ready in time.
Could there be any issues at the border when the three of us travel back to the UK, me with my German passport, and my child with a New Zealand passport? Or would they just allow him in as he is the family member of an EEA? Would we have to apply for a Family Permit for him if he only has a New Zealand passport at the time of travel?
Many thanks,
Stefan
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secret.simon
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by secret.simon » Mon Sep 17, 2018 3:27 pm
What is the current UK immigration status of the New Zealand citizen?
Are you married or unmarried partners? If unmarried partners, your New Zealand citizen partner does not qualify as a family member of an EE Citizen (unless she has been issued with a Residence Card as the family member of an EEA citizen).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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CR001
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by CR001 » Mon Sep 17, 2018 3:41 pm
secret.simon wrote: ↑Mon Sep 17, 2018 3:27 pm
What is the current UK immigration status of the New Zealand citizen?
Are you married or unmarried partners? If unmarried partners, your New Zealand citizen partner does not qualify as a family member of an EE Citizen (unless she has been issued with a Residence Card as the family member of an EEA citizen).
NZ citizen on a Tier 2 visa.
stezander wrote: ↑Mon Sep 17, 2018 2:53 pm
Hello,
my partner and I live in the UK and had a baby here recently.
She is a New Zealand citizen on a Tier 2 visa. I am a German citizen exercising treaty rights in the UK for almost 11 years now.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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secret.simon
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by secret.simon » Mon Sep 17, 2018 3:48 pm
CR001 wrote: ↑Mon Sep 17, 2018 3:41 pm
secret.simon wrote: ↑Mon Sep 17, 2018 3:27 pm
What is the current UK immigration status of the New Zealand citizen?
Are you married or unmarried partners? If unmarried partners, your New Zealand citizen partner does not qualify as a family member of an EE Citizen (unless she has been issued with a Residence Card as the family member of an EEA citizen).
NZ citizen on a Tier 2 visa.
stezander wrote: ↑Mon Sep 17, 2018 2:53 pm
Hello,
my partner and I live in the UK and had a baby here recently.
She is a New Zealand citizen on a Tier 2 visa. I am a German citizen exercising treaty rights in the UK for almost 11 years now.
Sorry, missed that. In that case, your New Zealand partner will be able to enter the UK on her Tier 2 visa, not as the partner of an EEA citizen.
Do you have any proof of the child having German citizenship (ID card, etc) in the absence of a passport? That would make entering the UK with the child easier.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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stezander
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by stezander » Tue Sep 18, 2018 10:34 am
Thank you for the replies.
To clarify, me and my New Zealand partner are not married.
She has a Tier 2 visa so can be in the UK on her own right.
The question is, if the German passport doesn't come in time, would the baby be ok to come into the UK when we return on a New Zealand passport, since I am a German citizen residing in the UK? Or would I have to apply for a Family Permit for him from abroad?
Many thanks!
Stefan
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Ffmuni
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by Ffmuni » Thu Sep 20, 2018 4:58 am
With regard to your wish to register your child for UK, German and NZ citizenship I think you have to check things out carefully.
As a principle Germany does not allow dual citizenship. Anyone taking dual citizenship of another country will lose their German citizenship, except in specific circumstances and with specified other countries.
Currently Germany allows dual citizenship for all EU countries. Post Brexit arrangements are progressing and a draft law covering UK/German citizenship, Brexit-Übergangsgesetz has been published for consultation (now closed). Most likely outcome is after Brexit your child will not be entitled to dual citizenship, get it before Brexit and they will be able to keep it.
Things are not set in stone but if you want the child to have dual German UK citizenship you probably need to move very quickly.
Regarding what happens or the regulations applicable with German and NZ dual citizenship I have no knowledge.
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Ffmuni
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by Ffmuni » Thu Sep 20, 2018 5:56 am
In addition/amendment to the above; I was writing from the viewpoint of a person applying to become a UK citizen, and the possible implications for that on German citizenship.
For children there are variations/differences, I was just looking at these and think you do need to check things out, but it looks like if your child acquired UK citizenship at birth, they can usually continue to hold it and their German citizenship.
Sorry if I have added any confusion!
