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Original poster

Baby has different passport

44 replies

Itsonlyabiscuit · 21/08/2022 08:55

We are a Northern Irish family of 5 living in Italy. Due to being born in NI, we are entitled to both Irish and British passports. After Brexit, all of our official paperwork was done under our Irish passports.

I had a baby a few months ago. Her Irish passport got seriously delayed and we still don't have it. We managed to get her a British passport which we used to exit Italy to visit family in NI. So as to not look weird, I used my British passport to exit the country too.

We are flying back to Italy tomorrow and I'm not sure what to do. My husband and I have residency based on our Irish passports so I imagine coming into Italy on EU passports would be easier. However our baby only has a British passport at the minute so will she stick out like a sore thumb as being a different nationality to the rest of her entire family?

OP posts:
Original poster
Itsonlyabiscuit · 21/08/2022 12:50

Janek · 21/08/2022 12:40

No, this wouldn't work. You need to leave the Schengen area. It's because of Brexit. UK passport holders are only allowed to remain in Europe for a total of 90 days in any 180. It is now crucial that we get our passports stamped on the way in and on the way out. If they don't do it on the way in, then you are assumed to have outstayed on your way out, irrespective of how long you have actually been there.

Once you get your Irish passport your dd needs to leave Schengen (fly back to NI?) within 90 days of her arrival back in Italy this time (so Christmas probably isn't soon enough) then travel back on the Irish passport.

If you think the Irish passport will take more than 90 days to arrive, I would go and speak to the Irish Embassy in Italy, because without it your baby is in a slightly ridiculous catch 22 situation.

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Oh OK interesting. So if we flew into Belfast on her British passport in November then back to Italy on her italian passport?

OP posts:
Janek · 21/08/2022 12:55

Yes, that would work (as long as within 90 days, so not 30 Nov if you return to Italy today iyswim). I might still be tempted to speak to the Irish Embassy and see if there's any way of avoiding having to do that (although you're making it sound like going home for a few days would be no hardship!).

CatherinedeBourgh · 21/08/2022 12:56

I don't think what people are saying about your dc having to leave is right, even if they are a different citizenship minor dc have a right to reside if their parents do in most european countries.

Dc2 only has his UK passport (for now) and no evidence that he has any right to remain, but has been living in Europe since Brexit on the basis that dh and I have the right to.

I asked whether I needed to do anything at all to establish his right and was categorically told no. He has entered and exited on his UK passport many times, and it has never been an issue.

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Original poster
Itsonlyabiscuit · 21/08/2022 12:57

Janek · 21/08/2022 12:55

Yes, that would work (as long as within 90 days, so not 30 Nov if you return to Italy today iyswim). I might still be tempted to speak to the Irish Embassy and see if there's any way of avoiding having to do that (although you're making it sound like going home for a few days would be no hardship!).

Yeah totally! I'm on maternity leave anyway so could nip home to spend a night or two with my parents of I got a cheap flight in early November.

I was on a tourist visa for some of the tine when I lived in the Middle East and do myself and baby daughter had to fly in and out every 2 months. We found ways to make it fun!

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Original poster
Itsonlyabiscuit · 21/08/2022 13:00

CatherinedeBourgh · 21/08/2022 12:56

I don't think what people are saying about your dc having to leave is right, even if they are a different citizenship minor dc have a right to reside if their parents do in most european countries.

Dc2 only has his UK passport (for now) and no evidence that he has any right to remain, but has been living in Europe since Brexit on the basis that dh and I have the right to.

I asked whether I needed to do anything at all to establish his right and was categorically told no. He has entered and exited on his UK passport many times, and it has never been an issue.

Also very interesting! Thanks for this perspective. My husband and I are residents but none of our kids are yet (long story!) So that makes sense!

OP posts:
Janek · 21/08/2022 13:03

CatherinedeBourgh · 21/08/2022 12:56

I don't think what people are saying about your dc having to leave is right, even if they are a different citizenship minor dc have a right to reside if their parents do in most european countries.

Dc2 only has his UK passport (for now) and no evidence that he has any right to remain, but has been living in Europe since Brexit on the basis that dh and I have the right to.

I asked whether I needed to do anything at all to establish his right and was categorically told no. He has entered and exited on his UK passport many times, and it has never been an issue.

This is very interesting @CatherinedeBourgh , I only know this stuff from the perspective of a tourist, it makes sense that what you've said it true if the child lives there. It completely avoids the catch 22 I've been fretting about!

Does your DC2 get his passport stamped every time he travels because it's a UK one?

CatherinedeBourgh · 21/08/2022 13:14

No, never.

I travel with his birth certificate that shows he was born here just in case, but I've never been asked for it.

CatherinedeBourgh · 21/08/2022 13:15

My passport doesn't get stamped either, it's a British passport but I do have another document showing my right to reside.

Original poster
Itsonlyabiscuit · 21/08/2022 13:19

Another question. I left Italy on my British passport because I didn't want the baby to be the odd one out. Should I re-enter Italy on my Irish passport and just be prepared to explain.

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Janek · 21/08/2022 13:21

Oh, okay, that makes sense. So do you always show your right to reside with your passport? My uncle lives in France (with right to reside), it had actually never occurred to me that he might have an illegal mess of stamps in his passport. I am hoping now that he doesn't!!!

Newjobformoremoney · 21/08/2022 13:36

Hi OP
Were a tri nationality family. You can leave ireland and enter Italy on different passport but you should enter and leave the same country and the same passport.
If she currently is using her British passport she’ll have a specific number of days she can be in the EU on this passport.
We had a similar issue with DD and since brexit it’s a minefield. Good luck

Original poster
Itsonlyabiscuit · 21/08/2022 13:54

Newjobformoremoney · 21/08/2022 13:36

Hi OP
Were a tri nationality family. You can leave ireland and enter Italy on different passport but you should enter and leave the same country and the same passport.
If she currently is using her British passport she’ll have a specific number of days she can be in the EU on this passport.
We had a similar issue with DD and since brexit it’s a minefield. Good luck

Thanks...and the clock starts ticking when we get to Italy?

OP posts:
CatherinedeBourgh · 21/08/2022 14:29

Yes, I always show my ID.

SolasAnla · 21/08/2022 15:05

Itsonlyabiscuit · 21/08/2022 13:19

Another question. I left Italy on my British passport because I didn't want the baby to be the odd one out. Should I re-enter Italy on my Irish passport and just be prepared to explain.

You should use the Irish one as you have "unlimited" right to travel in the EU on it.
If you use the British one you set the countdown on having to leave or have it flagged as a overstay. That may never be a problem if the EU rules remain as is but who knows what the future brings.
Worst case scenario you phone the passport office in Dublin tomorrow and ask to get an emergency travel document or get one if and when you fly back.

TheBikiniExpert · 21/08/2022 16:55

Itsonlyabiscuit · 21/08/2022 12:09

No she isn't an Italian citizen as the citizenship goes by the parents and we aren't Italian. She is entitled to an ID card but non citizens can't fly on it. This was all confirmed by the commune.

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Sorry I misread! She can still use her ID card to prove she lives in Italy - as long as she has a passport. I don't think it will be a problem.

TheBikiniExpert · 21/08/2022 16:58

It doesn't actually matter whether your passport is stamped or not if you have the right to remain. In theory it shouldn't be stamped but some border guards stamp it before you can stop them! It doesn't make any difference in the long run.

Original poster
Itsonlyabiscuit · 22/08/2022 12:17

Arrived back in Itaky this morning, no issues at all although my baby's British passport did get a stamp! Do I need to do anything about the stamp ? No idea what :-D 😀

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TheBikiniExpert · 22/08/2022 14:24

No. You don't have to do anything- I doubt whether your baby has any plans to travel without you in the next six months! Welcome back!

Original poster
Itsonlyabiscuit · 22/08/2022 17:19

TheBikiniExpert · 22/08/2022 14:24

No. You don't have to do anything- I doubt whether your baby has any plans to travel without you in the next six months! Welcome back!

I hope not 😀
Thank you. Hot and exhausted.

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