Dual Nationality (British/French)

[simonjhardy]

Hi Folks,

Still very early days here, but I thought I'd throw out the first of what I'm sure will be many posts asking your sage advice!!

My partner and I recently found out that she was pregnant, and although unplanned we couldn't be happier.

One question that has arrisen early on, was about dual nationality. I'm British, and my GF is French. We live in the UK but the GF's family are still France based.

Because of the distance between us and her parents, understandably, her mother especially is feeling that she's missing out on the pregnancy, and is going to be missing out on the birth and upbringing of the baby etc.

There's no doubt in my mind that I will be wanting to raise our child as bilingual, and to have them feel that France is as much of a part of their heritage as the UK is.

Now, as part of that, and to make the in-laws feel that they haven't lost their daughter and grandchild to us British!! we think it would be a nice idea to see if we can ensure that our child has both British and French nationality.

My main question I guess is, has anyone been through this process, how easy did they find it, and were there any big issues that they came across?

Now I know that being dual British/French may not be as big of a benefit as say British/American when it comes to travel etc, but I'd still like to go ahead, if at the very least, to make the MIL happy.

Thanks in advance!

I've no advice on the topic itself, but in terms of traffic on here, you might be better off asking to repost this in "Living Overseas" where some posters have a Genteel thread about living in France?

My sister's boys were born in France, she English, he French, but they arranged for them to be born in the British hospital in Paris for one simple reason- they do not want to be called up in France should national service ever be reintroduced, which is not impossible.

So I'm not sure about the process of having dual nationality but there are some reasons to give it some serious thought before doing it! Good luck with the negotiating.

Sorry, meant to say they are solely British, not dual.

Someone may correct me but as far as I'm aware your child will take the mothers nationality a British father doesn't automatically make you entitled to be British any more not since 1991

Thanks folks,

From what I can understand as far as being British is concerned, I think I've worked out that a child born in the UK will be a British citizen as long as both parents are "settled" in the UK (ordinarily resident in the UK without being limited under the immigration laws as to how long the person can stay here.) OR one of them is British (since 2006 marriage isn't a requirement) then the child will be British (slam dunk on that part I hope!!).

It's the French part I need to consider more I believe. Maybe a call to the French embassy might be in order!!

I am British and my husband is French. Our dd has dual nationality. She wasn't born in France or the UK so her British passport was a farce to sort out however the French one was extremely simple.

Your girlfriend will need to register your child as French at the French embassy / consulate in the UK to get its French birth certificate. Once that is done your child is officially French. You can then apply for its passport which took about 2 weeks where I'm living and cost 20€. Much easier and cheaper than getting a British one (I wouldn't bother).

Thanks tertle for the advice.

Good to hear it's that simple! (or at least sounds simple!!).

Many thanks!!

Surely, if you apply to French Embassy, and get a French passport, the British will say she cannot have a British passport?

And French people living/raised in UK do not have to do national service, providing you fill out the paperwork when they send it through, it will be fine- DH didn't have to do it.

and, I'm guessing that as you're unmarried, you will need to ensure that you are named as father on the birth cert, when you register the baby. (which means your attendance in person, at register office)

Hey Fram,

Already considered that!! Yes the baby can have 2 passports in this case as both the UK and France allow their citizens to carry dual nationality. If one of the counties didn't though (like Germany for example) you would have to give up one of the nationalities in favour of the other if you wanted a passport from them.

For national service it depends on the rules of the country calling you up.

Even as a UK citizen, passport holder and resident, the UK will not protect you if your other nationality calls you up (it's actually written in your UK passport oddly enough!!)

But, I think the likelihood of France requiring national service again is slim, and even slimmer to call up non residents...

Really, DH had his papers come through, despite him living in UK his whole life. However, he was able to avoid it because he lived here, didn't speak French (!), and was off to British University. But you must, must, must fill out the paperwork, or else they'll be classed as a deserter, and arrested on entry to France!

As you already know, your child will have dual nationality as far as the UK authorities are concerned. If born in the UK, he/she will be BC-OTBD (otherwise than by descent) and will be able to pass on their British C/ship to the next generation. If born in France he/she will be BC-D (by descent) and would only be able to pass on c/ship if he/she had a continuous period of UK residence prior to having that child.

The law regarding unmarried fathers passing on c'ship was changed quite recently (in the last 10 yrs) One of the great anomalies of British nationality law, that meant unmarried fathers went unrecognised in terms of nationality. Thankfully that has now been sorted.

Having worked for the Nationality team in the UK, and written my university dissertation on the effects of compulsory military service I can see where any fears about call-up would arise, but agree that in this day and age, it's highly unlikely to happen in Europe at least.

If the child is born in France, don't fall into the ££££ trap of believing the tosh that you have to have the child registered at the British Consulate to establish c/ship. You don't. You register the child simply to obtain a British birth certificate, but the child is British whether you pay the £££s or not. (there is always loads of confusion about this, because of the registering a birth, and then registering as a British Citizen under certain clauses of the Nationality Act.

dranksangria- do you happen to know about the other way around? Children born in UK to parent with dual Fr/Br nationality? Can they claim Fr nationality, and do you know the process at all?

No, sorry. As far as the UK authorities are concerned, you can have as many nationalities as you want, it's the other countries that you have to check with.

AFAIK any child would be automatically both, not sure if France is one of those countries where at 18 the person has to choose one or the other. (quite a few countries are like that)

Thank you, I believe France is, hence us needing to do it now whilst they're young.

Hi simonjhardy,
I am in a very similar situation. Our little man was born 30/11/2014, I am French (settled in the UK) and dad is British. We always assumed the baby would have dual nationality but were told when we registered him that he was French as we were unmarried.
Looking at the government website or this message trail, he meets the criteria to be British and French. What happened with your little one? French? British? Both?
If possible we plan on giving him dual nationality, but at the moment could do with the straightforward British way of getting his passport made, rather than the multiple trips to the French consulate.

Simonjhardy - this is not 100% correct. Germany doesn't allow you easily to take on a second nationality. It can be done but it is a long process.

If a child is born to parents with different nationalities and the law of the second nation means the child automatically inherits the parent's one Germany can't do anything about it. They can not force you to drop one.

Also, DD is born here in the UK, both parents are German. As the UK gave her the British nationality without us applying for it (there is a law when a child is born to EU parents from the old western part of the EU and are settled here) Germany doesn't do anything.

I must admist we applied first for the German pass but weren't asked at all about any British nationalities.