British Expats

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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Query baby nationality and dual citizenship (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/query-baby-nationality-dual-citizenship-686127/)

pj_ree Sep 20th 2010 4:42 am

Query baby nationality and dual citizenship
 
Hello

I am sure this is asked a lot so thank you in advance for help. I am british and have Australian PR. I am married to a dutchman, also with australian PR. We have just had a baby girl, Josie. I am currently getting Josie and australian citizenship certificate. I then would like to look into getting her dual citizenship with either the UK or the Netherlands.

Am I right that as the mother of Josie, and in being British, Josie can obtain a UK passport and become an Australian - British Citizen? Will she always have that right to be British, are their any stipulations on this?

I do not think I will get dual citizenship unless I see real need to, I am happy to keep renewing the PR visa for now, but of course, for the bub this is a great way to be able to travel.

Thanks everyone
Paula:)

roaringmouse Sep 20th 2010 11:00 am

Re: Query baby nationality and dual citizenship
 

Originally Posted by pj_ree (Post 8860711)
Am I right that as the mother of Josie, and in being British, Josie can obtain a UK passport and become an Australian - British Citizen?

Possibly. Were you born in the UK?

JAJ Sep 21st 2010 1:12 am

Re: Query baby nationality and dual citizenship
 

Originally Posted by pj_ree (Post 8860711)
Hello

I am sure this is asked a lot so thank you in advance for help. I am british and have Australian PR. I am married to a dutchman, also with australian PR. We have just had a baby girl, Josie. I am currently getting Josie and australian citizenship certificate. I then would like to look into getting her dual citizenship with either the UK or the Netherlands.

Am I right that as the mother of Josie, and in being British, Josie can obtain a UK passport and become an Australian - British Citizen? Will she always have that right to be British, are their any stipulations on this?

Were you born in the United Kingdom? You don't tell us ... but being British on its own isn't enough for your non-UK born child to be British.

Child is also a Dutch citizen, it seems.


I do not think I will get dual citizenship unless I see real need to,

Isn't having the same nationality as your child a good enough reason?

stuie83 Sep 21st 2010 6:33 am

Re: Query baby nationality and dual citizenship
 
If you are British by descent shouldn't your child shouldn't have a problem obtaining citizenship: http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/

Zana Sep 21st 2010 9:03 am

Re: Query baby nationality and dual citizenship
 
I'n not sure how the Dutch operate, but Josie is entitled to both your citizenships (some countries do not allow their citizens dual citizenship, eg Germany, Poland).
I already have 2 citizenships (one of them British) and we're planning to move to Oz, that'd give me my 3rd! I already made enquieries if the Aussies are ok with that, giving up one of them is a logistical nightmare, trust me, and the nice man from DIAC said it doesn't matter.
My child has only got the citizenship I share with her Dad, but when she was born, only her Dad was British, I had ILR (the PR equivalent), and she was granted a passport on the basis of her dad being British citizen. She is entitled to a passport from my country of origin, but we'll let her decide when she's 18 if she really wants a 3rd passport.

Hope that helps.

Dorothy Sep 21st 2010 11:00 am

Re: Query baby nationality and dual citizenship
 

Originally Posted by Zana (Post 8864155)
I already have 2 citizenships (one of them British) and we're planning to move to Oz, that'd give me my 3rd!

Simply moving to Australia won't give you citizenship. You have to qualify for it.

roaringmouse Sep 21st 2010 11:05 am

Re: Query baby nationality and dual citizenship
 

Originally Posted by Zana (Post 8864155)
I'n not sure how the Dutch operate, but Josie is entitled to both your citizenships (some countries do not allow their citizens dual citizenship, eg Germany, Poland).

We haven't ascertained if the kid has British citizenship - it's not simply a matter of a parent being British and saying the child is entitled, their (the British parent) exact status needs to be known before saying if the child is British (by descent), or not.

Need to know if the the OP was born in the UK - both I and JAJ have asked this.

pj_ree Sep 21st 2010 12:32 pm

Re: Quewhere I was born - in answer to your queries, and thanks.
 
Hello

Thank you for your fast replies! Sorry, with coping with my first new born I have found I am unable to reply as quickly as I would have hoped!

as per the queries -

I was born in the UK and lived there until I was 21. Both my parents and all of my family on both sides for all generations are British.

Regarding me getting dual - citizenship, I am considering it, certainly. I have not had PR very long so it is a matter of course that I will explore this. With PR (finally coming through the night before our wedding after nearly a year wait) and then having a baby, I am first turned my attentions to the sorting out the bub first, then on to me.

So my understanding is that Josie can obtain British-Australian dual citizenship and she would always have the right to the British component. If anyone has any advice on situations where this would be problematic or could change, now you know my background as being born british, pls let me know.


thanks everyone! pj

roaringmouse Sep 22nd 2010 3:01 am

Re: Quewhere I was born - in answer to your queries, and thanks.
 

Originally Posted by pj_ree (Post 8864740)
So my understanding is that Josie can obtain British-Australian dual citizenship and she would always have the right to the British component. If anyone has any advice on situations where this would be problematic or could change, now you know my background as being born british, pls let me know.

Yes, your baby does have British citizenship (by descent). As she was born in Australia all you need to do is apply for a British passport for her (using the C2 form).

The only situation to be aware of is way off - and this is that Josie might not pass on British citizenship to a child of hers, depending on the situation (mainly if that baby is born outside UK, to either a non-British or British by descent person). That's under current rules, although I think there's an allowance if Josie lives in the UK for a certain period of time but I can't remember that off the top of my head, so you should check into that.

JAJ Sep 23rd 2010 2:52 am

Re: Quewhere I was born - in answer to your queries, and thanks.
 

Originally Posted by pj_ree (Post 8864740)
Hello

Thank you for your fast replies! Sorry, with coping with my first new born I have found I am unable to reply as quickly as I would have hoped!

as per the queries -

I was born in the UK and lived there until I was 21. Both my parents and all of my family on both sides for all generations are British.

Regarding me getting dual - citizenship, I am considering it, certainly. I have not had PR very long so it is a matter of course that I will explore this. With PR (finally coming through the night before our wedding after nearly a year wait) and then having a baby, I am first turned my attentions to the sorting out the bub first, then on to me.

So my understanding is that Josie can obtain British-Australian dual citizenship and she would always have the right to the British component. If anyone has any advice on situations where this would be problematic or could change, now you know my background as being born british, pls let me know.

Child is already a British citizen by descent, as someone else has pointed out. But you do need to get some evidence of citizenship, such as a first British passport, in order to prove it. The later you leave it, the harder it will be to prove identity/status of the child to the satisfaction of the passport authorities.

British citizenship will not necessarily pass to the next generation born outside the United Kingdom.

Your child is also a Dutch citizen. You should document this with the Dutch authorities. Assuming your child doesn't lose Dutch citizenship before age 18 (which may happen if Dutch parent ceases to be Dutch), then child must take steps as an adult to remain Dutch:
http://www.minbuza.nl/en/Services/Co...al_nationality


Does your husband want to become an Australian citizen? If yes, is he willing to lose Dutch citizenship and/or look into the options he might have to remain a Dutch citizen?


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