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Old May 15th 2005 | 9:10 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by Biiiiink
Unless the child is 2nd generation born overseas.
That's a good point. In order to make their children Swiss, mine must live in Switzerland for a period of, I think, seven years. I suppose something similar applies in the UK.
 
Old May 15th 2005 | 9:15 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by JAJ
A British passport is a completely different document to a French, German or Danish passport.

There is no such thing as a "European passport". Until the French and Germans merge into some 'Confederation of Franco-Germania' and this new country is recognised by the international community, there won't be.


Jeremy
I don't want to get too hung on up on this, I'm not a British nationalist, but at some airports there are lines for people holding European passports. People holding red, Swiss, passports are not welcome in those lines, only the holders of the pink passports, commonly known as European ones. The term may not be correct in the strictest legal terms but it is in common use.
 
Old May 15th 2005 | 9:36 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by dbd33
I don't want to get too hung on up on this, I'm not a British nationalist, but at some airports there are lines for people holding European passports. People holding red, Swiss, passports are not welcome in those lines, only the holders of the pink passports, commonly known as European ones. The term may not be correct in the strictest legal terms but it is in common use.
The term 'European passport' is about as correct as referring to a Canadian or New Zealand passport as a 'Commonwealth' passport. Or describing a Canadian passport as a 'North American' passport (not something likely to endear you to most Canadians).

It may well be a term in 'common use' and that's ok as far as the context goes. Passport issued by a member state of the European Union does not mean the same thing as a European Union passport.

And concerning immigration control at airports:

1. The faster queue is for those holding passports issued by EEA states, not just the EU. So those with Norwegian, Icelandic and Liechtenstein passports are also welcome.

2. Since 1 June 2002, Swiss passports are treated the same as EEA. Next time you go to the UK, you should see this noted.

3. Those holding Commonwealth or foreign passports with a Right of Abode stamp in them can use the EEA line (at least in the UK).

4. There some burgundy British passports that do not have any EU references. The UK has declared that the following British nationals are 'United Kingdom nationals for Treaty purposes':

- British citizens (with special rules for those British by sole connection with the Channel Islands and Isle of Man)
- British overseas territories citizens by connection with Gibraltar (Gibraltarians are generally British citizens too)
- British subjects with Right of Abode in the UK (usually those connected with the Republic of Ireland).
http://www.ind.homeoffice.gov.uk/ind...nis/r-v/0.html

British passports issued to those falling outside these categories - for example those issued to British Overseas citizens, or British Nationals (Overseas), look very similar to regular British passports except they do not have any EU references.

Holders of these passports cannot use the EEA line on arrival in the UK, and are subject to normal immigration controls. Unless they are Channel Islanders or Manxmen.

Jeremy

Last edited by JAJ; May 15th 2005 at 9:46 am.
 
Old May 15th 2005 | 9:58 am
  #19  
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by dbd33
That's a good point. In order to make their children Swiss, mine must live in Switzerland for a period of, I think, seven years.
Not according to this site:
http://www.eda.admin.ch/washington_e...ts/citize.html

If the parents are Swiss, the child is usually Swiss even if born overseas.

However, the child must be registered as a Swiss citizen before age 22. Otherwise, if born overseas and holding another nationality, the child loses Swiss citizenship at that point.

It also seems that in some cases, the spouse of a Swiss citizen can become Swiss even without living in Switzerland. The UK and Canada do not have any equivalent law.

I suppose something similar applies in the UK.
UK law is totally different. Start at this page:
http://www.ind.homeoffice.gov.uk/ind...tizenship.html

It's a very bad idea to assume that what applies with one country's nationality law also applies in another country. It's also not a good idea to rely on hearsay and rumour which is often wrong - no substitute for researching through the official and/or authoritative sources.

Jeremy
 
Old May 15th 2005 | 10:16 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by JAJ
Not according to this site:
http://www.eda.admin.ch/washington_e...ts/citize.html

If the parents are Swiss, the child is usually Swiss even if born overseas.

However, the child must be registered as a Swiss citizen before age 22. Otherwise, if born overseas and holding another nationality, the child loses Swiss citizenship at that point.

It also seems that in some cases, the spouse of a Swiss citizen can become Swiss even without living in Switzerland. The UK and Canada do not have any equivalent law.



UK law is totally different. Start at this page:
http://www.ind.homeoffice.gov.uk/ind...tizenship.html

It's a very bad idea to assume that what applies with one country's nationality law also applies in another country. It's also not a good idea to rely on hearsay and rumour which is often wrong - no substitute for researching through the official and/or authoritative sources.

Jeremy

I take note of the pat on the head but am still wondering what's wrong with the term "Commonwealth passport".
 
Old May 15th 2005 | 10:30 am
  #21  
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by dbd33
I take note of the pat on the head but am still wondering what's wrong with the term "Commonwealth passport".
because there isn't such a thing as a commonwealth passport...can describe a person as having a passport from a commonwealth nation, like a person having a passport from a european country, but it's not the same as a common wealth or EU passport...
Have to make clear distinctions when dealing with something that can have such an impact on a person when dealing with immigration and citizenship issues...
 
Old May 15th 2005 | 10:35 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

seems to me we can make mountains out of mole hills if we want....~
 
Old May 15th 2005 | 11:23 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by Maple Leaf
seems to me we can make mountains out of mole hills if we want....~
Perhaps, but Australia has its share of anomalies too which can trap the unwary.

Here's a rather unfortunate case where parents made assumptions about their child's citizenship, only to get a nasty surprise later on.
http://www.austlii.edu.au/au/cases/c.../2003/357.html

Before 1 July 2002, children born to Australian citizens overseas had to be registered as Australians before age 18, otherwise entitlement to citizenship was lost. The age limit went up to 25 on 1 July 2002, and there is a special concession for those born between 26 Jan 1949 and 15 Jan 1974.

The unfortunate Miss Blight fell outside these two windows of opportunity, presumably because her parents thought she was Australian automatically and never verified this.

The Australian government is proposing legislation that will remove the age limit for citizenship by descent, however it may well be that Miss Blight will never find out about this.


Jeremy
 
Old May 15th 2005 | 11:03 pm
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by Maple Leaf
seems to me we can make mountains out of mole hills if we want....~
Granted this is getting a bit obsessive. In the first place I wondered if there was some reason to obtain individual pasports for my children rather than just having them in my passport until it expires. It seems that there is no particular reason to do so.

The situation as regards the inheritance of Swiss citizenship is not quite clear to me,

"Basic principles
Abroad, Swiss citizenship is not automatically transferred from one generation to the next. As a result, the fact that you have a Swiss great-grandfather does not mean that you will able to obtain the red passport with a white cross."

http://switzerland.isyours.com/e/imm..._ancestors.htm

my understanding is that a period of residency in Switzerland is required in order to pass on citizenship. However, since this concerns hypothetical grandchildren and the rules could have changed, or we could have some other nationality, by then I shan't worry too much about it now.
 
Old May 16th 2005 | 1:00 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Hi Guys
Glad I checked in on this one today!! any advice, experience greatly recieved!

My passport has 18 months to run and I was going to get it renewed just before those lovely immigigration people at CIC granted our PR Visa's (well, they'd better! :scared: )

trouble is, it was issued in 1998 when kids still put in mums passport, so my daughter is still in mine. she is 13. now, as it is more than 9 months till renewal the passport office wont renew it yet, we are not going to USA so they say no need to get girlie her own passport yet as 'ours' still valid, BUT we are travelling to AUS in October for 2 wks and they ( Aus visa people) say they cant issue 2 visitors visa to one pasport and 1 visa wont cover both of us

HELP!!!!

Kaz
 
Old May 16th 2005 | 12:58 pm
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by Devon_Gang

trouble is, it was issued in 1998 when kids still put in mums passport, so my daughter is still in mine. she is 13. now, as it is more than 9 months till renewal the passport office wont renew it yet, we are not going to USA so they say no need to get girlie her own passport yet as 'ours' still valid, BUT we are travelling to AUS in October for 2 wks and they ( Aus visa people) say they cant issue 2 visitors visa to one pasport and 1 visa wont cover both of us

HELP!!!!

Kaz
Who told you that? If your daughter applies to the British High Commission for her own passport they will certainly issue one.

And she will likely need one - check your itinerary for travelling to Australia - it could well involve a stop in the US and without meeting US passport/visa requirements she will get no further than the check-in desk.

Jeremy
 
Old May 16th 2005 | 1:02 pm
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by dbd33
"Basic principles
Abroad, Swiss citizenship is not automatically transferred from one generation to the next. As a result, the fact that you have a Swiss great-grandfather does not mean that you will able to obtain the red passport with a white cross."

http://switzerland.isyours.com/e/imm..._ancestors.htm

my understanding is that a period of residency in Switzerland is required in order to pass on citizenship. However, since this concerns hypothetical grandchildren and the rules could have changed, or we could have some other nationality, by then I shan't worry too much about it now.
That is a commercial site. Always refer to government sites as a first preference when looking at citizenship law, such as this one that has already been mentioned:
http://www.eda.admin.ch/washington_e...ts/citize.html

Swiss citizenship law is based on the principle of 'ius sanguinis' which basically means that if you have a Swiss parent you are Swiss, irrespective of where you are born. Similarly, children of foreign parents born in Switzerland are not automatically Swiss.

In terms of claiming Swiss citizenship from distant Swiss ancestors, in the past Switzerland did not permit dual citizenship so the ancestral link was often broken when the Swiss person naturalised in the US or Canada.

Jeremy
 
Old May 16th 2005 | 11:43 pm
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by JAJ
That is a commercial site. Always refer to government sites as a first preference when looking at citizenship law, such as this one that has already been mentioned:
http://www.eda.admin.ch/washington_e...ts/citize.html

Swiss citizenship law is based on the principle of 'ius sanguinis' which basically means that if you have a Swiss parent you are Swiss, irrespective of where you are born. Similarly, children of foreign parents born in Switzerland are not automatically Swiss.

In terms of claiming Swiss citizenship from distant Swiss ancestors, in the past Switzerland did not permit dual citizenship so the ancestral link was often broken when the Swiss person naturalised in the US or Canada.

Jeremy

That is interesting. It contradicts an article in the Journal of the Swiss Abroad which has been our guide to date. I'd certainly like your interpretation to turn out to be accurate but am suspicious of Art 58a :

"A foreign child who was born before July 1, 1985 and whose mother acquired Swiss citizenship by descent, adoption or naturalization may apply for simplified naturalization before attaining age 32 if he or she resides in Switzerland."

If all children of Swiss people are Swiss through blood, then how could someone whose mother was Swiss by descent need to be naturalized ? I suspect that the principle of triple citizenship level comes into play but I don't know what it is. Perhaps it has to do with succesive generations being born abroad, something along the lines of the British law.
 
Old May 17th 2005 | 12:43 am
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by JAJ
Who told you that? If your daughter applies to the British High Commission for her own passport they will certainly issue one.

And she will likely need one - check your itinerary for travelling to Australia - it could well involve a stop in the US and without meeting US passport/visa requirements she will get no further than the check-in desk.

Jeremy

Thanks Jeremy, found out yesterday afternoon after submitting post that, yes the passport office will issue her with her own passport and just delete her from mine, the 9 month rule doesnt apply in this case.

I had hoped we would nt have to go to the bother and expense! as it is only USA that insists on seperate passports, but it seems that Aus and any other country you have to get a visitors visa for, does aswell!!
We wont be going anywhere near USA as we stop over in Kuala Lumpur.
Oh well, i'm used to filling in forms now so one more shouldnt hurt
Kaz
 
Old May 17th 2005 | 2:30 am
  #30  
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Default Re: Visitor Visa Waiver Program Changes For Waiver Countries

Originally Posted by dbd33
Perhaps it has to do with succesive generations being born abroad, something along the lines of the British law.
It's not peculiarly British, Canada does the same. My son (2nd gen Canadian born abroad) will need to apply to retain citizenship and meet the criteria, or else he will lose it on his 28th birthday. Despite the fact that, we suspect, he will have lived 26 of those yrs in Canada. Thankfully we've read the rules and will apply on his behalf as soon as he's met the requirements. Some Canadian 28yr olds must get a nasty shock.
 


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