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Deciding nationality for my baby

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ashraj
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Posts: 2
Joined: Mon Mar 13, 2017 4:34 pm

Deciding nationality for my baby

Post by ashraj » Thu Apr 05, 2018 1:31 pm

Hi there,

I am a Portuguese citizen who gained the nationality around Nov 2015(Previously Indian citizen but gained nationality based on my Mom's EU nationality). My husband who is an Indian citizen and here currently residing on the "EU family member residence card". We both came to UK on Indian passports and tier-2 ICT visas in April 2010 and have been continuously living here since.

Will my baby be eligible for a british Passport considering we have lived here for more than 8 years although not entirely on my EU nationality but we have p60 and other documentation to prove our stay of 8 years. Currently in fix on which nationality should we go for:
- Indian( straight forward but need british visa for my baby)
- Portuguese( Tricky as out marriage needs to be registered in Portugal according to theie website before we apply)
-British

Any clues/guidance on this would be deeply appreciated.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Deciding nationality for my baby

Post by vinny » Thu Apr 05, 2018 2:10 pm

Unfortunately, you would have be a qualified (EU) person for at least 5 years in the UK before acquiring PR. Therefore, any baby born in the UK prior to a parent aquiring PR or ILR wouldn’t automatically be British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Deciding nationality for my baby

Post by Obie » Thu Apr 05, 2018 2:18 pm

Unless credible claim to enforceable EU rights can be made before the Portuguese citizenship was granted, or the Portuguese citizenship had effect since birth, I believe Vinny's advise is indeed sound.
Smooth seas do not make skilful sailors

ashraj
Newly Registered
Posts: 2
Joined: Mon Mar 13, 2017 4:34 pm

Re: Deciding nationality for my baby

Post by ashraj » Thu Apr 05, 2018 2:40 pm

Thank you so much for the guidance.

So, I will as you suggested go for the Indian passport option which is the quickest and the cheapest. Do I need to apply for a similiar "EU family member residence card" for my baby as well or do we have any thing quicker for EU children as my husband's card took 6 months to arrive.

Regards,

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Deciding nationality for my baby

Post by secret.simon » Thu Apr 05, 2018 11:44 pm

Was the child registered with the Portuguese authorities for the purposes of citizenship and does it have Portuguese citizenship?

Also, as somebody who has acquired Portuguese citizenship through descent and in connection with Goa, can you have a look at this query and assist that user by answering that thread?
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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