EEA2: child's citizenship

[way2soleil]

Hello,

My husband is a French citizen, and I am his non-EEA spouse holding a 5 yr RC. Our baby is due soon, and he can either have French citizenship by birth, or mine (Belarus)

My husband will gain his PR in Jan 2012. Does that mean that our son will qualify for BC then?

If we choose that our son has my citizenship, we will have to get a dependent visa for him to stay in the UK. Is it possible to do so from within the UK, once we get his birth certificate? Will it be possible for him to obtain BC then, once my husband qualifies for PR? The plan is for our son to have Belarusian citizenship until Jan 2012, then renounce it (Belarus doesn't allow dual citizenship), and get BC.

Apologies for this confusing query, I really need to explore all options.

Thanks in advance for your insight.

[vinny]

If your child is born in the UK, then see also need for a dependent visa?

[86ti]

That would not be a dependent visa but rather an optional residence card, so no need to apply but BC is only obtained in his way if PR is held at the time of birth as far as I know (I may be wrong).

[John]

way2soleil, if the plan is to renounce your child's Citizenship of your country in 2012, would it not make better sense to get French Citizenship, given that would not need to be renounced.

[way2soleil]

That would not be a dependent visa but rather an optional residence card, so no need to apply but BC is only obtained in his way if PR is held at the time of birth as far as I know (I may be wrong).

Thank you for your reply 86ti,

I have found this cause on the UKBA site at http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/: 'Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom

If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.'

So I would assume that as soon as my son's dad gets BC, we can also apply for his BC.

Could you please advise me on how to obtain the 'optional residence card'? Would that be through the EEA casework unit?

[John]

So I would assume that as soon as my son's dad gets BC, we can also apply for his BC.

Not quite. As soon as he gets his PR status, then the Section 1(3) application can be made for your child.

[way2soleil]

I appreciate your reply John,

Would the Dad need to provide confirmation of his PR status, though, such as the EEA3 stamp, in order to apply for the child's BC?

[Obie]

The father would either need to show evidence of 5 years of treaty rights, or the Permanent Resident Certificate, which is a stand alone piece of paper, and not endorsed on the holders passport, together with details of his EEA citizenship.

[way2soleil]

Thank you Obie!

[Plum70]

way2soleil, John asked a valid question: is it not better registering your child as French once born instead of obtaining and renouncing Belarusian citizenship in 2012 in order to obtain BC?

[way2soleil]

way2soleil, John asked a valid question: is it not better registering your child as French once born instead of obtaining and renouncing Belarusian citizenship in 2012 in order to obtain BC?

Hi John and Plum70,

Thanks so much for getting back to me.
I am aware that my child is entitled to french citizenship by birth. We are a happy family, but one never knows what the future holds. The reason for my hesitation is that if both dad and child are French, in case of our separation acc to French law, the dad would have stronger chances of gaining full custody of the child just due to the fact that both are French!

[Plum70]

Right - I do not know anything about French child custody laws so will not comment. However, if you feel strongly then register your child as Belarusian and once your husband attains PR in Jan 2012 you may register your child as British.

By the way, how does your husband feel about his future child possibly not bearing his French nationality?

[way2soleil]

Right - I do not know anything about French child custody laws so will not comment. However, if you feel strongly then register your child as Belarusian and once your husband attains PR in Jan 2012 you may register your child as British.

By the way, how does your husband feel about his future child possibly not bearing his French nationality?

Hi Plum70,

Thanks for your response. I tried to research the issue online, but there's little to dwell on.

Me and my husband talked about this issue openly, because anything can happen life. So far the solution is to go for French citizenship, and if that if things ever go wrong, we will remain respectful and considerate, just as we are now.

[Plum70]

Me and my husband talked about this issue openly, because anything can happen life. So far the solution is to go for French citizenship, and if that if things ever go wrong, we will remain respectful and considerate, just as we are now.

That is sensible - being open and frank. Also, it bodes well for your child to have French citizenship as s/he would be free to accompany you on trips w/out the need for visas.