- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Her being pregnant is not an issue here. They cannot possibly deny the EEA Family Permit just because she is pregnant. Indeed it is rather good proof that the marriage is real, and not a marriage of convenience!I realise the best would be for the child to be born in the UK, but we have the EEA FP problem and I am afraid they would deny it, seeing her pregnant.
Check that very carefully! Our daughter (wife Russian, me Austrian) was born June 2006 in Tokyo. She was added to her mum's passport after I signed a document saying that I do not object to her becoming a Russian citizen. She is also Austrian through me.Richard66 wrote:Russian nationality law says a child born outside of Russia will only be Russian if both parents are Russian, so our child will not be a Russian citizen.
Indeed I had forgotten!Richard66 wrote:But John, have you forgotten I am one of the main anti-EEA FP a******rs on this forum?
It almost certainly will be asked. Remember that your birthplace in Brazil is (presumably) on your British passport.Richard66 wrote:This is the question I was hoping would not be asked: if it can be asked here, it could be asked by the ones dealing with the application).
In which case, should Richard firstly apply for the child to be registered as a British citizen, then Russian, then Brazilian? If I understand correctly what's been said, if following this order, the child could well end up a citizen of three countries.Wanderer wrote:I'm pretty sure Richard that ur child will be granted Russian Citizenship via rg Russian consulate when ur wife applies for his/her passport. It's not automatic is what russian law says (I think).
As I mentioned earlier, Wanderer, the child will become Russian, but only if he already has a nationality or has been declared stateless. From the Russian Citizenship law:Art 12 § 4º - Será declarada a perda da nacionalidade do brasileiro que:
I - tiver cancelada sua naturalização, por sentença judicial, em virtude de atividade nociva ao interesse nacional;
II - adquirir outra nacionalidade por naturalização voluntária
II - adquirir outra nacionalidade, salvo no casos: (Redação dada pela Emenda Constitucional de Revisão nº 3, de 1994)
a) de reconhecimento de nacionalidade originária pela lei estrangeira; (IncluÃdo pela Emenda Constitucional de Revisão nº 3, de 1994)
b) de imposição de naturalização, pela norma estrangeira, ao brasileiro residente em estado estrangeiro, como condição para permanência em seu território ou para o exercÃcio de direitos civis; (IncluÃdo pela Emenda Constitucional de Revisão nº 3, de 1994)
Your girlfriend might like to check that in the original.Article 12. Acquisition of Russian Federation Citizenship by Virtue of the Birth
1. A child shall acquire Russian Federation citizenship by virtue of birth if as of the date of birth of the child:
a) both his/her parents or his/her single parent have Russian Federation citizenship (irrespective of the child's place of birth);
b) one of his/her parents has Russian Federation citizenship and the other parent is a stateless person or has been recognised as a person unaccounted for or if the whereabouts thereof are unknown (irrespective of the child's place of birth);
c) one of his/her parents has Russian Federation citizenship and the other one is a foreign citizen, on the condition that the child has been born in the territory of the Russian Federation or if otherwise he/she is going to become a stateless person;
Art 14 6. There shall be admitted to citizenship of the Russian Federation in the simplified manner without observing the conditions provided for by Part One of Article 13 of this Federal Law children and disabled persons who are foreign citizens or stateless persons:
a) a child one of whose parents is a citizen of the Russian Federation - on the application of this parent and in the presence of the other parent's consent to the child's becoming a citizen of the Russian Federation. Such consent shall not be required if the child resides on the territory of the Russian Federation;
Can you get something in writing from a Russian lawyer confirming the application of this?Richard66 wrote: The Russians will not play ball: they would much rather declare the child stateless themselves and then give it Russian citizenship and, at this point, we do not really want that.