Baby born in UK to unmarried EU citizen father & UK ance

[kiwidutch]

Hi there

Our situation is a bit complicated sorry! We are expecting our first child in Scotland in October. The father is an EU citizen and myself (the mother) is currently living in the UK on an Ancestry visa, and am a New Zealander. I am however in the process of applying for a Family Residence card through my EU citizen partner (of 7.5 years) as we are engaged and are having a baby.

Will our child be entitled to a British passport given we are not married? I have had a look at the passport application and it says we must be married for the child to be eligible for it through the father. Rather antiquated if you ask me!

If we cannot apply for a British passport, how will our child be allowed to live in the UK? Will it need an EU passport or family permit?

Many thanks!

[Obie]

If your partner has not lived in the UK for 5 years, exercising treaty rights during those times, then the child has no entitlement to British Citizenship.

He/she may be able to obtain your citizenship or that of your partner, but not British.

He/she will be entitled to reside in the UK, provided daddy is exercising treaty right.

[kiwidutch]

We will both have lived in the UK and worked full time for 4.5 years when the baby is born.

Any suggestions on what we can do to allow our baby to stay here?!

[Obie]

Until your partner has been exercising treaty rights for 5 years, you will not be able to register him/her as British.

Once baby is born, either or both of you can apply for him or her to acquire your citizenship. Once that is successful, a Residence card application could be made, if she has a non-EU passport, or a registration Certificate if EU citizenship.

[Jambo]

Just to add, the UK doesn't require parents to be married in order for an (eligible) child to be British but as said already, your child will not be British from birth.

I assume from your username that the father is Dutch. From wikipedia ( http://en.wikipedia.org/wiki/Dutch_nati ... wege.22.29 ): "A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be a Dutch subject at birth."

In any case, children born in the UK are not required to have a valid visa from birth but might require one (or a Dutch passport) if they leave the country and would like to re-enter.

[Ernestiq]

If the father is Dutch, it doesn't need to happen before birth. I'm Dutch, and you just have to acknowledge the child before the age of 7.

My daughter was born in Scotland as well last November and you will not really need to worry about your daughter. You will not need a family permit, the birth certificate will be proof that she is the daughter of an EEA national.

[kiwidutch]

Thanks Ernestiq (and all!)

Did you get your daughter a Dutch passport then? And where did you have to 'acknowledge' your daughter? In Scotland or Netherlands?

Sorry for so many questions!

[Ernestiq]

Thanks Ernestiq (and all!)

Did you get your daughter a Dutch passport then? And where did you have to 'acknowledge' your daughter? In Scotland or Netherlands?

Sorry for so many questions!

I haven't gotten around to it yet, that's why I know you don't really have to worry about it. Right now I'm trying to get my stepdaughter entry to the UK which takes up more time than initially imagined.

I didn't acknowledge my daughter yet because I'm married, but as far as I know (and according to the official Government website http://www.rijksoverheid.nl/onderwerpen ... ennen.html) any registrar will allow you to acknowledge it. They will set up a document for acknowledgement for you.

[kiwidutch]

Right I see, thanks. So have you not travelled abroad with your daughter yet then?

We want to travel back to New Zealand for a holiday some time during the Scottish winter (to get some NZ summer!) but obviously need to ensure that our baby can get back in to the UK on return so will be needing to arrange a passport as soon as it's born I imagine.

[Ernestiq]

Right I see, thanks. So have you not travelled abroad with your daughter yet then?

We want to travel back to New Zealand for a holiday some time during the Scottish winter (to get some NZ summer!) but obviously need to ensure that our baby can get back in to the UK on return so will be needing to arrange a passport as soon as it's born I imagine.

Not yet, no, I do plan on traveling this winter as well, so I will have it done before then. Shouldn't take that long (but I've been wrong on that before..)

That being said, it should be easier for you. The moment the registrar puts everything in order you should be able to request a Dutch passport from an embassy. Since you're in Scotland you'd probably want to do it here:
127 George Street
Edinburgh EH2 4JN
Tel: 0131 - 510 0323
Fax: 0131 - 629 0983
Email: info@netherlands-consulate.co.uk

Call them before you show up, they might require an appointment.