British Citizen Giving Birth in Ireland

[Xain]

Hi Everyone,

My spouse is British (by descent) and i'm a non EU citizen.

We have a baby on the way, and wanted to do the delivery in Ireland (Dublin - not UK).

Would our child be granted Irish Citizenship without a fuss since one parent is British ?

What would we require to prove or do as far as documentation and procedures are involved ?

I found this post on the forum,
http://www.immigrationboards.com/viewto ... very+birth

......but don't know what the outcome was.Also the replies have quotes from Wikipedia and i was looking for something more official.

Thank You for all your help.

Regards,

Xain

[Ben]

Hi Xain,

Yes, a child born anywhere on this island is an Irish citizen if at least one of the parents is a British citizen.

As for documentation, it would be advisable to submit the British parent's British citizen passport or UK National ID Card.

[Xain]

a child born anywhere on this island is an Irish citizen if at least one of the parents is a British citizen

Great !! Any official links if i may ask ?

Does it matter if the mother is on a Type "D" visa issued for a spouse of an EU citizen ?

Also, a slightly related question, the visa is only valid for 3 months. Can it be extended without either parents being in employment in Ireland or anywhere in the EU ?

We could prove no recourse to public funds - if that's an issue.

Thanks in advance,

Xain

[Ben]

a child born anywhere on this island is an Irish citizen if at least one of the parents is a British citizen

Great !! Any official links if i may ask ?

The Irish Nationality and Citizenship Act 2004.

Does it matter if the mother is on a Type "D" visa issued for a spouse of an EU citizen ?

No.

Also, a slightly related question, the visa is only valid for 3 months. Can it be extended without either parents being in employment in Ireland or anywhere in the EU ?

It does not need to be extended if the EU national spouse is either working, self-employed or studying in Ireland, or has sufficient resources for himself and his resident family members, and has comprehensive sickness insurance cover.

Incidentally, if the child is born in Northern Ireland, he or she would be an Irish citizen and also a British citizen otherwise than by decent.

[Xain]

Thank You for sparing me so much time. Just a couple of questions if you don't mind.

It does not need to be extended if the EU national spouse is either working, self-employed or studying in Ireland, or has sufficient resources for himself and his resident family members, and has comprehensive sickness insurance cover

1) Working / Self-Employed - No
2) Studying - No
3) Sickness Insurance Cover - No

4) Sufficient Resources - How do i prove this to satisfy the authorities ?

Our income is generated by a combination of working for companies based abroad, personal investments and 3rd party family support

What would you suggest i do ?

I'm sorry if this sounds like the "hole in the bucket" !!

[Ben]

1) Working / Self-Employed - No
2) Studying - No
3) Sickness Insurance Cover - No

4) Sufficient Resources - How do i prove this to satisfy the authorities ?

Our income is generated by a combination of working for companies based abroad, personal investments and 3rd party family support

What would you suggest i do ?

If the EU national is not working in Ireland, comprehensive sickness insurance cover, for all resident family members, is a requirement in order for the residence of the non-EU national spouse to remain lawful after the initial three months.

Sufficient financial resources may be proven by any appropriate means (the Directive is silent on any specifics). Bank statements would be a start.

By the way, what is your intention actually, to reside in Ireland or are you just here to give birth?

[Xain]

what is your intention actually, to reside in Ireland or are you just here to give birth?

Frankly, just to give birth, since we have family in Dublin.
Even though it means we will have to go private, it's a price we are willing to pay.
Why do u ask ? Anything to be concerned about ?

[Ben]

what is your intention actually, to reside in Ireland or are you just here to give birth?

Frankly, just to give birth, since we have family in Dublin.
Even though it means we will have to go private, it's a price we are willing to pay.

I'm not sure you would have to pay. Maternity care in Ireland is free, if you are entitled (check carefully).

Why do u ask ? Anything to be concerned about ?

Because if you're going to spend less than three months in Ireland, your residence is not subject to any conditions and you are not required to make any applications to the Department of Justice.

[Xain]

I'm not sure you would have to pay

We did initially ask around but were told (not officially) that since we aren't residents of Ireland or the EU, we wouldn't be allowed free or subsidized maternity care.
Couldn't get our hands on anything concrete.

if you're going to spend less than three months in Ireland, your residence is not subject to any conditions and you are not required to make any applications to the Department of Justice.

Doubt it'll be less than 3 months, since we'd like to travel a few months ahead of the due date.

Thanks alot Ben, you've been really helpful