Baby's nationality

[Aleksandra_84]

Hello everyone,

I was just wondering if anyone can advise me, i am an EU citizen and i'm 6 months pregnant with my frirst baby, I got married last year Sept, I lived in UK since 2003. My husband is St Lucian and has been in UK since 2003 as well. At the moment he has a work and business permit as he's married to an EU citizen and he's getting it extended for next 5 years before applying for ILR. My question is what is going to be our baby's nationality cause it will defintely be born in UK, we just bought a flat and plan to stay here for good.

Can i apply for a british passport for our baby or it has to be one of our nationalities or dual???

Please help.

Thank you

Aleksandra

[John]

Aleksandra, more information needed ...... can you post your actual nationality please. It might make a difference .... in particular if you are an A8 national or an A2 national ..... or alternatively a national of one of the first 15 EU countries.

When in 2003 did you first arrive in the UK and start living here? It looks clear that as you are 6 months pregnant the baby will be born before your 5th anniversary of arriving in the UK to live here. Is that correct?

[Aleksandra_84]

Yesh that is Correct. I arrived in the UK late 2003-ish.

I'm Polish, Im not sure what A8 or A2 means.

[sakura]

Yesh that is Correct. I arrived in the UK late 2003-ish.

I'm Polish, Im not sure what A8 or A2 means.

A8 is a term given to the 8 Eastern European countries that joined the EU in 2004. It means "accession workers".

Ok, John (or someone else) might like to explain things further, but I'll get the ball rolling with a reply.

Your child will only be eligible for British citizenship once one of you have indefinite leave to remain (ILR) or permanent residency (PR = this is what EU/EEA nationals get). PR is given (in your case) after five years in the UK as an EEA national exercising treaty rights. You say your husband is on a work permit?...so he doesn't have ILR. As for you..it's a bit tricky. Your time spent in the UK before Poland joined the EU does not count toward the five years for PR. So, when Poland joined on 1st May 2004, your time towards PR started...so you should obtain permanent residency in 1 May 2009 (right, John?).

Your husband...depending on when he came...you wrote in 2003, so he should get indefinite leave to remain (ILR) in 2008, assuming he still has a work permit.

So, since neither of you are 'settled' here (i.e. no ILR or PR), your child cannot be registered (YET) for British nationality. S/he should, however, be Polish and/or St. Lucian. Once one of you obtains ILR/PR, then the child can be registered as a British citizen. Since your husband is likely to get ILR next year, the child can be registered as British (and obtain a British passport!) next year.

[Docterror]

sakura, I agree with the general content of your reply, but the ILR in 2008 bit it depends on what Leave to Remain the husband holds. The statement

business permit as he's married to an EU citizen and he's getting it extended for next 5 years before applying for ILR

may mean that the husband may be on the FMRS or an EEA2. Which means the both of them will have to wait till 2009.

[sakura]

sakura, I agree with the general content of your reply, but the ILR in 2008 bit it depends on what Leave to Remain the husband holds. The statement

business permit as he's married to an EU citizen and he's getting it extended for next 5 years before applying for ILR

may mean that the husband may be on the FMRS or an EEA2. Which means the both of them will have to wait till 2009.

True indeed! I thought I read work permit. I didn't see the "extended" bit...thanks.

So, in that case....no one gets ILR in 2008!