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Expats's baby British passport

39 replies

PassportPolly · 28/10/2022 09:01

I've posted before under a different name and got mixed responses.

We are a Northern Irish family living in Italy. We all have British and Irish passports, except our baby who was born here. The Irish passport was a total disaster and we still don't have it (long story) but she has a British passport.

We used her British passport to take her home to NI in July. At the end of August (around 20th) we brought her back to Italy on same passport without any issues.

We are flying to another EU country next week for a few days.
As this is within the 90 days, should we have any concerns about our baby leaving or re-entering Italy?

I need to reapply for baby's Irish passport so that will be a work in progress. So, what do we do when the 90 days is up? Do I really need to take her out of the EU, eg fly to the UK with her? Or is there a different arrangement if she is the child of residents? She is not yet resident as we are waiting for the Irish passport to commence that process.

I tried contacting the British embassy but got no word back.

Can someone please give me some advice about this. Thank you.

Just for reference: even though our baby was born in Italy she is not entitled to automatic Italian citizenship as neither parent is Italian.

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Caspianberg · 28/10/2022 12:55

Your baby surely have permanent residency documents though?

Our toddler ( and us) has British passport, and article 50 residency documents. He was born before dec 2020, but as long as parents were in country before then, non Eu citizens can also get article 50 residency for children born after that date.

To fly we issue passport and residency card. They then do not stamp passport in and out of the country, so we are exempt for 90 days

Rosa · 28/10/2022 13:02

Geamhradh · 28/10/2022 11:41

I'm in Italy and the residence permit things for post-Brexit haven't yet become available in the region I'm in.

I've been in and out of Italy 6 times in the past year on my BC ppt and though it's been stamped etc, nobody has given a second glance as to how many days I've been in or out. (Was also with my daughter on her BC ppt)

When I contacted the local questura (our immigration office is inside there, not the comune) I was told that this new residence thing for Brits won't be obligatory to carry/present etc as long as you were legally resident before Dec 20. It will just be a handy document to have. It won't stop your ppt being stamped etc but will if needed prove you can re-enter etc. As long as you can prove residence before Dec 2020, you can't be refused it. But you don't have to have it. And it doesn't yet exist. (it's a bit like the old Carta Europea if you had one of those- though you had to have one of those, couldn't be refused it, and it didn't expire. Except they had a 10 year expiry date on them.

All of which is a TL:DR to say I really doubt you'll have any issues with the baby travelling on the passport especially as you're within the dates. Presume the baby also has a codice fiscale/Carta sanitaria etc to prove residence?

Everybody has "residency" in Italy, it's a legal requirement that has nothing to do with nationality. You just go to the comune and fill a form in then someone comes to check you really live where you've declared you live. There's usually a Stato di Famiglia declaration done at the same time- you often need this for various financial things.

When you talk about someone helping you with "residency" do you mean that, or the post Brexit residency permesso doc that I mentioned above? If the latter, you can contact your local questura (the info is on the polizia di stato page) and see if they are issuing them yet. As I said, last year when a few colleagues and I were looking into all of this, they weren't being issued yet.

So much easier to get the Carta di Soggiorno and be done with it as so many computer systems ask automatically for the permseso di Soggiorno whch Brits don[t have any many people have not been able to get a mortgage, buy a house and in some cases get a job. there have also been problems with the tessere sanitaria. If you were resident and you have the documentation to prove it before 30 Dec then strongly suggest you apply for it via the questura. It is easy. They should be available in all regisons as its on the main Police x stranieriwebiste I also travel lots and just shove the CDS under the noses before the passport. and so far it has worked . Amsetrdam were not so keen and huffed and puffed a bit.

PassportPolly · 28/10/2022 14:17

Thing is, I don't need a permesso to be here as I'm Irish. Once baby's Irish passport arrives, all will be good in the hood. Its just this short term problem of her having re-entered Italy on a British passport.

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Caspianberg · 28/10/2022 14:21

I don’t think you can travel then. Our British passport for baby took 8 months due to him born right at start of covid. We couldn’t leave the country with him.

Geamhradh · 28/10/2022 14:22

Swissnotswiss · 28/10/2022 12:43

I'm not surprised you're anxious after that experience but like @Geamhradh said, I can't see that happening here.

I'm in Italy and the residence permit things for post-Brexit haven't yet become available in the region I'm in.
Do you mean the Carta di soggiorno permanente- articolo 50? Because we have those.

Yes, unfortunately I'm in the Arse End of beyond and the questura here has set up the email address to make an appointment to go and apply for one, but the service hasn't been activated yet.
No, me neither 🤣

Geamhradh · 28/10/2022 14:24

@Rosa hello you! We know each other from elsewhere in cyberspace and you should now by now we do things differently down here!
I'm sure we'll get there eventually!

Rebecca34 · 28/10/2022 14:31

Your baby is an Irish citizen regardless of passport, so I am not sure why you would need to leave Italy. Can you get an Irish birth cert from the Irish Embassy? That should be enough proof that she is an Irish citizen.

PassportPolly · 28/10/2022 15:57

Caspianberg · 28/10/2022 14:21

I don’t think you can travel then. Our British passport for baby took 8 months due to him born right at start of covid. We couldn’t leave the country with him.

Why do you think we can't travel? Sorry, I'm being a bit thick and don't think I understand.

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Caspianberg · 28/10/2022 16:02

@PassportPolly - a British passport with no residency permit only allows max 90days in eu.
If baby travelled on British passport into Italy back, they have likely now used up the 90 days in 180 days allowed. So if you travel out into another Eu country you will be exceeding it. You can get around it by leaving Schengen or eu countries for holiday until Irish passport arrives

You also be able to get emergency travel documents from Irish embassy

Nutellanjam · 28/10/2022 16:17

I agree with @CardiCorgi, I have only ever been checked when leaving or entering the Schengen area, although admittedly I have only travelled inside Schengen by road!

PassportPolly · 28/10/2022 16:33

Caspianberg · 28/10/2022 16:02

@PassportPolly - a British passport with no residency permit only allows max 90days in eu.
If baby travelled on British passport into Italy back, they have likely now used up the 90 days in 180 days allowed. So if you travel out into another Eu country you will be exceeding it. You can get around it by leaving Schengen or eu countries for holiday until Irish passport arrives

You also be able to get emergency travel documents from Irish embassy

Does her 'time' start from when she first entered the country on the British Passport? She was born in February but didn't get a passport until July. At that point we went home to Ireland and re-entered at the end of August. Its so confusing!

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Caspianberg · 28/10/2022 16:41

@PassportPolly - I’m not 100%. But I think it’s when she first entered on British passport. So feb- July don’t count.

So 90 days in 180 would be from the date in August you entered the Eu (Italy) on British passport. Although might be 90 days from leaving Italy also if on that passport and it was logged.

PassportPolly · 28/10/2022 18:52

We left Italy and flew into Dublin on 20th July, then returned to italy on August 22. If it started when we entered Dublin, she has technically been in the EU for over 90 days, even though we spent that month over the border in the UK, although obviously there is no evidence of this as there is no hard border between the Republic and Northern Ireland. Honestly I'm just so confused.

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PassportPolly · 28/10/2022 20:23

Ooh I see that Ireland isn't in the schengen! Am just wondering if the baby's existence as a human being who was born here counts towards her over staying her welcome.

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