Dual nationality?

[tethersjinglebellend]

Not sure if this is the right place to post, but hoping someone can help

My DD is half English (me) half French (dp), and as yet has no passport. We live in England. I have a British Passport, DP a French one.

Can I apply for a French passport for my DD? Would this be instead of a British one, or could she hold both? What documentation would be required?

Is it even a good idea? Does anyone know the advantages/disadvantages of doing this?

Too many questions?

TIA

Just did some research, and if the information on the UK Border Agency webpage is up-to-date, then I think it's like this:

As I have citizenship-by-descent (assuming for now), AND my mum was born in the UK, my children can have citizenship-by-descent wherever they are born. However, THEIR children won't unless they are born in the UK, as their mother will not have been born in the UK.

Alternatively, it appears that if my child were born abroad, but we did not register the citizenship-by-descent claim at birth, but rather came back to the UK and lived here, after three years we could claim citizenship-other-than-by-descent for the child. The advantage being that the child's children could automatically claim citizenship-by-descent wherever they were born. However I'm not quite sure from the info, I think this requires both parents to be citizens-by-descent and I can't figure out if not being married would make a difference on this point.

In any case, best would be to have the baby here; and if not, he/she can still be a citizen but just not pass his/her citizenship on to his/her own children. That means I suppose I can still travel (as long as the airlines will take me) without risking too much.

Different countries have different rules, but for France and England it is fairly straightforward. DH is French and I am British: all 3 DCs have dual nationality.

DD2 a french passport, as at the time they were free, and the UK one was more expensive.

All three dcs have a french "carte d'identité", which is valid for travel all round Europe, and shows that you are French.

DD1 and DS1 have UK passports.

As far as I am aware they don't have to give up either nationality when they are 18.

peasandbeans please can you tell me, if you remember, on the application for french passport, did just the french national have to sign, or both birth registered parents, even though one is british?

also, with the carte d'identite - do both parents have to authorise this by signing or could just one parent do it without the other's consent?

thanks in advance. ( i may have more questions depending on your answers!) x

what r u all on about iam german and been living in the uk 15 years and my son was born in uk and has a british dad. now i tryed to get him a pass port and they r saying as iam not married to his dad they are not accepting him as british he would have to get a german passport and geman embassy said they dont accept him as german as he has british birth certifficate and that would make him british so right now my son has got no nationality i am so frustrated and there are u lot talking about ur children have dual or even 3 nationalities how did u all manage that when i cant even get my son one please someone help on this

"what r u all on about iam german and been living in the uk 15 years and my son was born in uk and has a british dad."

When was your son born? The law changed regarding Britih fathers who are unmarried passing on nationality in 2006. If your son was born before then he has no automatic right to Britih citizenship unless to his father at the time.

"now i tryed to get him a pass port and they r saying as iam not married to his dad they are not accepting him as british he would have to get a german passport and geman embassy said they dont accept him as german as he has british birth certifficate and that would make him british so right now my son has got no nationality i am so frustrated and there are u lot talking about ur children have dual or even 3 nationalities how did u all manage that when i cant even get my son one please someone help on this"

British nationality is not conferred automatically on children born in Britain, but this link may be helpful, especially this related page. The German embassy are wrong. A British birth certificate does not make you British.

The way most people when abroad have done it by passing their own nationality on (by registering it at birth) regardless of what their nationality is. That's not always necessary and rules change all the time. Did you register your son with the German embassy when he wwas born? Your DS is entitled to German citizenship as you are German and he was born 'out of wedlock'. You may just need to fight with the German embassy a bit for them to recognise it.

@eluandjack: The German Embassy is talking rubbish

My DD was born here, ok both parents are German, but she has a German passport without problems.

My friend's DS1 was born when the parents (she German, he Irish) weren't married. They had to go to a special appointment at the Embassy to do a name declaration but that was it.

Call them again and refer to this webpage:
www.london.diplo.de/Vertretung/london/en/07/Passport/__Passport.html

i thank you all what the problem is my sons dad is british and the embasy says i need dads promission for my son to have a german passport wich he is not giving he says he is born in uk that will makes him british thats why german embassy cant give him german pass and as he was born between 2000 and 2006 uk wont help eather so im very upset about what exactly to do now

You need to tell his dad that your DS cannot be British. It is not based on jus solis and he doesn't qualify by descent (unless his dad gets his act together and makes an application which isn't guaranteed). Read the links I gave you for more info on how to do that.

If he's dragging his heels out of some misplaced patriotism get him to do some research or book an appointment with a lawyer who will explain in words of one syllable why. He needs to understand that he's wrong and why.

I assume you, or rather he, has tried to make an application for a UK passport and failed? Why does your partner still not believe you?

He may find this site helpful, particularly the following information:

If the child was born or adopted in the UK
IPS needs to see the child's full birth or adoption certificate showing parents' details and one of the following:
section 4 of the application form completed with the British passport details for either parent*
UK birth certificate for either parent*
Home Office certificate of registration or naturalisation for either parent*
the passport that was valid at the time of the child's birth* for either parent
Note*: if supplying the father's details, IPS needs to see the parents' marriage certificate as well.
Note**: if the passport expired before the child's birth, you need to send the passport on which the parent entered the UK.

Does your partner have parental responsibility (if your DS was born prior to 2003)?

As for the Germans...your partner needs to play ball, go with you to make the application and do a declaration of name. That is the only way your son is going to get a passport (to which he is entitled). If you are estranged and he doesn't have parental responsibility then try to make an appointment to see them.

If the father isn't named on the birth certificate it's a moot point anyway.

Really the issue here isn't with entitlement to nationality - it's your DS's father's attitude and that presents legal problems beyond the scope of MN! You could probably investigate getting a court order but I'd take a specialist lawyer's advice on that.

This is what I know and have seen so far- not sure how it is now as one thing for sure is that immigration laws are changing often these day...
I think here in Britain the children's British nationality follows the mother's in situations of marriage involving foreign nationalities. Namely if mother's British, the child gets a British passport. This is what happened to me
(DS has two passports so far, my nationality and German one) and to all my friends in similar situations.

As for Germany, what we know is that it has an exception (don't know if it has more than one) in having dual nationalities: when one of the child's parents is a foreigner (regardless of EU or not). This is our case and there might be other exceptions, we don't know really.

It took us a while and lots of asking around to sort all this out. And I must say those help lines are rarely helpful - there were many times I simply got different answers when I talked to different people!