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Complicated Dual Citizenship question

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

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Iira
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Complicated Dual Citizenship question

Post by Iira » Wed Oct 23, 2013 2:51 pm

I'm EU citizen, lived in UK for 10 years and I'm planning to apply for British Citizenship.
My original citizenship doesn't allow dual so I'll need to give up my original one.

Question is: I have children and would like them to become British as well. If I get British Citizenship first, would it allow them to acquire it (by applying) as it is by birth? What I mean is, if I'm British, they will be able to apply for British citizenship as if they received it by birth?

The problem is that they will loose as well their other citizenship if it's acquired. It's only allowed to have dual if it's acquired by birth.

Does "birth" also mean if I become British first?

It's a complicated question, I hope somebody knows the answer...

Thanks for your help.

Eirikur
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Post by Eirikur » Wed Oct 23, 2013 2:53 pm

If your children are in the UK for 5 years or more you can just include them in your application for British citizen ship

Amber
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Post by Amber » Wed Oct 23, 2013 2:54 pm

How old are the children, where were they born?
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Jambo
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Post by Jambo » Wed Oct 23, 2013 4:07 pm

You are only born once. You becoming British, won't make your children British. If they not already British from birth (and that would depend when and where they where born), they can apply to become British but that might mean they will lose their current nationaliy (different countries have different rules).

lake1
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Post by lake1 » Wed Oct 23, 2013 4:09 pm

If your children were born after you acquired PR ( 5 years of exercising treaty right in the UK) then they are already British citizens as they acquire it automatically by birth.

Iira
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Post by Iira » Wed Oct 23, 2013 4:17 pm

Jambo wrote:You are only born once. You becoming British, won't make your children British. If they not already British from birth (and that would depend when and where they where born), they can apply to become British but that might mean they will lose their current nationaliy (different countries have different rules).
:) Nice answer but I actually got my dual citizenship after my mum acquired her. Although we did this in a different country...and I was only born once...

I was around 15 years old when she decided to take her dual citizenship first, and then I acquired mine. I'm trying to figure out if it will work in the same way under UK rules.

Iira
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Post by Iira » Wed Oct 23, 2013 4:18 pm

lake1 wrote:If your children were born after you acquired PR ( 5 years of exercising treaty right in the UK) then they are already British citizens as they acquire it automatically by birth.
Thank you for your reply.
My children were born before acquiring PR. Therefore, I won't be able to fit in this rule.

Iira
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Post by Iira » Wed Oct 23, 2013 4:19 pm

D4109125 wrote:How old are the children, where were they born?
They were both born in UK and are 5 and 8 years old.
Thanks.

Ayyubi72
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Post by Ayyubi72 » Wed Oct 23, 2013 4:34 pm

Does your home country enforce this dual citizenship rule strictly? Some countries like India are very strict. If an Indian citizen applies for Indian passport in UK, they want them to bring proof from HO that the person has not gained British citizenship.

I am not asking you to do anything illegal, but if you home country does not strictly impose the rule, and does not actively seek to establish if a person has gained some other country's nationality, then there might be a way that once your kids naturalise, they just do not apply for British passports.

Iira
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Post by Iira » Wed Oct 23, 2013 4:38 pm

Ayyubi72 wrote:Does your home country enforce this dual citizenship rule strictly? Some countries like India are very strict. If an Indian citizen applies for Indian passport in UK, they want them to bring proof from HO that the person has not gained British citizenship.

I am not asking you to do anything illegal, but if you home country does not strictly impose the rule, and does not actively seek to establish if a person has gained some other country's nationality, then there might be a way that once your kids naturalise, they just do not apply for British passports.
They seem to be kind of strict because when I renew their passports, they make me declare if they have any other citizenship.

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Post by Amber » Wed Oct 23, 2013 4:52 pm

The child who is 5 may already be British (by Birth) if you had PR when the child was born.
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Iira
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Post by Iira » Wed Oct 23, 2013 6:42 pm

D4109125 wrote:The child who is 5 may already be British (by Birth) if you had PR when the child was born.
I arrived in UK in 2004 but I have got a PR card in 2010 when my husband applied for PR. My second child was born in 2008. Then I guess I am not able to do it in this way.
Thanks for the reply.

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Post by Amber » Wed Oct 23, 2013 7:20 pm

It doesn't matter when you got the PR card as that is just proof of PR. However, based on what you have said it appears that neither child is British by birth. What Country re; dual nationality are we talking about anyway?
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Post by Jambo » Wed Oct 23, 2013 8:02 pm

Iira wrote:
Jambo wrote:You are only born once. You becoming British, won't make your children British. If they not already British from birth (and that would depend when and where they where born), they can apply to become British but that might mean they will lose their current nationaliy (different countries have different rules).
:) Nice answer but I actually got my dual citizenship after my mum acquired her. Although we did this in a different country...and I was only born once...

I was around 15 years old when she decided to take her dual citizenship first, and then I acquired mine. I'm trying to figure out if it will work in the same way under UK rules.
So are you currently dual national? From the sounds of it, your mother applied for her citizenship and then applied for yours. I don't think countries give citizenship (other than from birth) to children without applying. In any case, this has nothing to do with UK laws but with the other country laws. The UK won't see you British from birth unless it was actually acquired at birth.

Iira
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Post by Iira » Wed Oct 23, 2013 8:12 pm

D4109125 wrote:It doesn't matter when you got the PR card as that is just proof of PR. However, based on what you have said it appears that neither child is British by birth. What Country re; dual nationality are we talking about anyway?
One of the first ones to join the EU. Sorry, I'm not keen on revealing too much information.

Iira
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Post by Iira » Thu Oct 24, 2013 9:38 am

[/quote]
So are you currently dual national? From the sounds of it, your mother applied for her citizenship and then applied for yours. I don't think countries give citizenship (other than from birth) to children without applying. In any case, this has nothing to do with UK laws but with the other country laws. The UK won't see you British from birth unless it was actually acquired at birth.[/quote]

I think you misunderstood my question, I'm not trying to get anything without applying and that was the whole point of my question in this forum.
I explained I want to apply for British citizenship for myself and my 2 children (not my husband because he cannot have dual).

To do that, I need to give up the citizenship that doesn't allow dual (my other citizenship allows dual). I'm absolutely fine with that. Then, I want to apply for my children and my only question is (as it happens to me at 15) if it will considered an acquisition by birth for my children since if I receive my British nationality first. That will mean that they don't need to give up their other nationality (from their father's side, they will loose the one from my side I guess).

I hope the explanation is a bit more clear now.
Thanks for the help.

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Post by lake1 » Thu Oct 24, 2013 9:58 am

Iira wrote:
D4109125 wrote:It doesn't matter when you got the PR card as that is just proof of PR. However, based on what you have said it appears that neither child is British by birth. What Country re; dual nationality are we talking about anyway?
One of the first ones to join the EU. Sorry, I'm not keen on revealing too much information.
I dont think anyone can tell who you are with just the name of the country and people might be able to give you more / better information if they know the country as there might be somethings that can help you that you dont already know about but others do.

By the way the decision is yours and you dont have to mention the country am just saying it might be good.

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Post by Jambo » Thu Oct 24, 2013 10:19 am

Iira wrote:I think you misunderstood my question, I'm not trying to get anything without applying and that was the whole point of my question in this forum.
I explained I want to apply for British citizenship for myself and my 2 children (not my husband because he cannot have dual).

To do that, I need to give up the citizenship that doesn't allow dual (my other citizenship allows dual). I'm absolutely fine with that. Then, I want to apply for my children and my only question is (as it happens to me at 15) if it will considered an acquisition by birth for my children since if I receive my British nationality first. That will mean that they don't need to give up their other nationality (from their father's side, they will loose the one from my side I guess).

I hope the explanation is a bit more clear now.
Thanks for the help.
As i said, this has nothing to do with the UK laws but with the other country laws. The children will not be considered "by birth". Whether they will allowed to keep their other nationality (because they are children), would depend on the other country rules. I suggest you research those rules.

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Post by JAJ » Thu Oct 24, 2013 11:47 am

Iira wrote:
D4109125 wrote:It doesn't matter when you got the PR card as that is just proof of PR. However, based on what you have said it appears that neither child is British by birth. What Country re; dual nationality are we talking about anyway?
One of the first ones to join the EU. Sorry, I'm not keen on revealing too much information.

Which narrows it down to the Netherlands or Denmark, as far as I can see. Most of the others (out of the initial 6 and then 9) have opened up dual citizenship (in Germany's case, with the EU/EEA/Switzerland).

If you're not prepared to tell us the country and this is important, perhaps you should consult with a lawyer in that country?

Ayyubi72
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Post by Ayyubi72 » Thu Oct 24, 2013 3:06 pm

Wtihn due repect to all members who devote their time for free to help people, may I say, why there is such an urge to extract information when the person who needs advice is not willing to give that information.

If they do not want to share their nationality or other details, then its their decision, and why not just leave them alone and try to help someone who fully tells their story.

Why try to help someone who does not want to be helped?

chuba2012
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Post by chuba2012 » Thu Oct 24, 2013 7:39 pm

No disrespect here but I think this thread has become ridiculous. I salute the patience of the people giving answers to these questions.

vinny
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Post by vinny » Thu Oct 24, 2013 7:52 pm

The topic's question is indeed complicated due to the OP's intended lack of information sharing.
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