Non Eu Parents baby Born in Ireland

Ashley_m · Post by **Ashley_m** » Thu Mar 26, 2009 1:24 pm

Hi,

Can anyone tell me if both parents are Non Eu and have student visa and got a child in Ireland does the child get irish nationality and the parents visa can be changed ?

Thanks

Ashley

ciaramc · Post by **ciaramc** » Thu Mar 26, 2009 3:04 pm

Sorry no your child will receive the same citizenship as the parents!!

Unless you are settled in Ireland with permanent residence.

Dr. K · Post by **Dr. K** » Sat Mar 28, 2009 2:27 am

If the child born after Dec 2004, child is not Irish and parents has no rights (specially when they are student) but if before Jan 2005 then child is Irish and parents can apply residency anywhere in EU including Ireland.

Post by **JAJ** » Sun Apr 19, 2009 4:19 am

ciaramc wrote:Sorry no your child will receive the same citizenship as the parents!!

Irish law cannot mandate whether or not child will have another citizenship. Usually the child will get citizenship of the parent's country/countries, but there are exceptions.

In that case child would be stateless. If that occurred, it may be possible to apply for the child to be naturalised as an Irish citizen.

ciaramc · Post by **ciaramc** » Mon Apr 20, 2009 8:24 am

THe child will not be stateless.....it's parents are students I'm not saying it can never get Irish citizenship from birth......just like my children will not be Italian even though I live and work here over 8 years!

The child will get citzenship off the parents until proven otherwise!! Which is hard by the way to prove your child is not entitled to any other citizenship!!! Just read Richard66 posts

Post by **JAJ** » Mon Apr 20, 2009 1:05 pm

ciaramc wrote:THe child will not be stateless.....it's parents are students

You speak with great confidence but you are wrong ... it is quite possible for a child born of foreign parents to inherit neither citizenship and the fact parents are students is irrelevant.

It all depends on the laws of the foreign country involved and if they don't give citizenship to the child either => child will be stateless.

Ben · Post by **Ben** » Mon Apr 20, 2009 1:14 pm

ciaramc wrote:The child will get citzenship off the parents until proven otherwise!!

What if both parents are citizens by decent?

Children inheriting the citizenship of their parents is not always a given.

For example - I'm a British citizen by decent, my wife is a Singapore citizen by decent, we live in Italy, as students, and after a year my wife gives birth to a child. The child is born stateless.

ciaramc · Post by **ciaramc** » Mon Apr 20, 2009 1:20 pm

ok the parents have not stated their relevant countries!! So I would say neither of us are at liberty to say.....I don't have great confidence....I have just read up on this and that was my understanding! If I'm wrong I'm wrong I don't have the power to decide what citizenship their child gets!

Good luck to them!

Ben · Post by **Ben** » Mon Apr 20, 2009 1:22 pm

Anyway, Dr K has correctly answered the OP.

Dr. K wrote:If the child born after Dec 2004, child is not Irish and parents has no rights (specially when they are student) but if before Jan 2005 then child is Irish and parents can apply residency anywhere in EU including Ireland.

ciaramc · Post by **ciaramc** » Mon Apr 20, 2009 1:24 pm

Perfect example.......Richard66
He was British by decent which meant his child if born outside the UK would not have inherited his citizenship!

loverboy4alluk · Post by **loverboy4alluk** » Wed May 27, 2009 2:21 pm

my child got irish passport and me and my wife non eu residient and living in uk legally nearly 9 years got hsmp visa can i apply nationallity behalf of my child he is nearly 5 years now

Ben · Post by **Ben** » Wed May 27, 2009 2:34 pm

loverboy4alluk wrote:my child got irish passport and me and my wife non eu residient and living in uk legally nearly 9 years got hsmp visa can i apply nationallity behalf of my child he is nearly 5 years now

Please start a new thread, and ask more clearly.

loverboy4alluk · Post by **loverboy4alluk** » Wed May 27, 2009 2:50 pm

ok i ask more clearly
my child born before jan 2005 and he has got irish passport
me and my wife is non eu nationals and living in uk since 2002 legally as i was student and now i am on HSMP visa
all i am asking can i apply nationality on behalf of my baby who has got eu passport
he is nearly 5 years old

Ben · Post by **Ben** » Wed May 27, 2009 3:08 pm

loverboy4alluk wrote:ok i ask more clearly
my child born before jan 2005 and he has got irish passport
me and my wife is non eu nationals and living in uk since 2002 legally as i was student and now i am on HSMP visa
all i am asking can i apply nationality on behalf of my baby who has got eu passport
he is nearly 5 years old

I think I understand now. You have been living in Britain since 2002 on student / HSMP conditions. You came to Ireland in 2004 and gave birth to child who is duly an Irish citizen from birth. You then returned to Britain, where you have been living ever since.

You cannot apply for nationality (do you mean naturalisation?) on behalf of your child. You are residing in the UK in accordance with national legislation. The fact that your child is an EU national has no bearing.

loverboy4alluk · Post by **loverboy4alluk** » Wed May 27, 2009 3:11 pm

benifa wrote:
loverboy4alluk wrote:ok i ask more clearly
my child born before jan 2005 and he has got irish passport
me and my wife is non eu nationals and living in uk since 2002 legally as i was student and now i am on HSMP visa
all i am asking can i apply nationality on behalf of my baby who has got eu passport
he is nearly 5 years old
I think I understand now. You have been living in Britain since 2002 on student / HSMP conditions. You came to Ireland in 2004 and gave birth to child who is duly an Irish citizen from birth. You then returned to Britain, where you have been living ever since.

You cannot apply for nationality (do you mean naturalisation?) on behalf of your child. You are residing in the UK in accordance with national legislation. The fact that your child is an EU national has no bearing.

i was studying in ireland for six month just to clerify

Ben · Post by **Ben** » Wed May 27, 2009 3:31 pm

loverboy4alluk wrote:i was studying in ireland for six month just to clerify

Thanks for clerifying. Doesn't make any difference though.

Trying asking in the General UK Immigration forum if you qualify for Indefinite Leave to Remain on the back of your student / HSMP residence.

loverboy4alluk · Post by **loverboy4alluk** » Wed May 27, 2009 3:34 pm

benifa wrote:
loverboy4alluk wrote:i was studying in ireland for six month just to clerify
Thanks for clerifying. Doesn't make any difference though.

Trying asking in the General UK Immigration forum if you qualify for Indefinite Leave to Remain on the back of your student / HSMP residence.

Thanks for the advise
regards

Dr. K · Post by **Dr. K** » Mon Jun 01, 2009 3:09 am

You were in Rep of Ireland or N. Ireland and was having any status or no status but your child who born before jan 2005 and has Irish Passport.

You and all family can apply for Residency or Family Permit anywhere in EU. Britain is the only EU country who will give you residency or EU Family Permit to live and to do business but you will not have work permission, other EU countries will give you full rights.

There is no charge for the Family Permit except some countries. Also you need to show some finances and family medical insurance, Child Birth Certificate to proof your relation, nothing else.

You can apply for Irish Residency but always remember Ireland is unbelieveable country. They can delay your case upto unknown period of time or years.

loverboy4alluk · Post by **loverboy4alluk** » Mon Jun 01, 2009 10:09 am

Dr. K wrote:You were in Rep of Ireland or N. Ireland and was having any status or no status but your child who born before jan 2005 and has Irish Passport.

You and all family can apply for Residency or Family Permit anywhere in EU. Britain is the only EU country who will give you residency or EU Family Permit to live and to do business but you will not have work permission, other EU countries will give you full rights.

There is no charge for the Family Permit except some countries. Also you need to show some finances and family medical insurance, Child Birth Certificate to proof your relation, nothing else.

According to Supreme Court of Ireland Decision May 2008, you can apply for Irish Residency according to local law but always remember Ireland is unbelieveable country. They can delay your case upto period of time or years.

Thanks DR thats a great advise i can prove my financial proofs ie we have house in uk and other stuff ie passports and birthcirtificate etc also my boy born in N.Ireland

Dr. K · Post by **Dr. K** » Mon Jun 01, 2009 7:07 pm

Language will be your only problem, if u move any where other than Eire or UK.

Which EU country u want to move ? Maybe I can help u more.

loverboy4alluk · Post by **loverboy4alluk** » Mon Jun 01, 2009 8:57 pm

Dr. K wrote:Language will be your only problem, if u move any where other than Eire or UK.

Which EU country u want to move ? Maybe I can help u more.

Thanks for the advise i am talks with a solicetor to be residense in republic of ireland

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