Dutch nationality / passport for child in UK

[sopiestelle]

hi all
i have a child with a dutch national , we tried to apply for the child passport but we were missing a document and have to wait until may to be able to submit the passport application again.
can the home office deport me ( i overstayed ) and my daughter ?( her father and i are not married) while we are waiting for the passport to be submitted?
how can i apply for a family permit as a parent of an eea national?
thank yoi

[fhumbert]

We need to know more about your situation to answer.
If the child is Dutch, then he/she can stay here. If it came to that, you would not need a passport to establish the child's claim to Dutch citizenship. By that I mean if the UKBA knocks on your door to ask you question.
Now, regarding your situation, I presume you are a non-EEA national. You said that you are not married with the child's father, who is Dutch. What is the nature of your relationship with him ?
How long have you been in the UK ? What have you been doing here ? What is your country of citizenship ?
Family permits are only issued on the basis of a relationship with an EEA national who is working here (or who is doing something else that falls under the EU rules - the pundits calls this "exercising treaty rights"). The fact that you are the mother of an EEA child does not give you any particular rights, that is why we need to know more about your situation.

[86ti]

http://www.immigrationboards.com/viewtopic.php?t=71122

The EEA family permit is an entry clearance. The right to stay in the UK under EEA regulations would be documented through a residence card.

[sopiestelle]

hi
thank you for answering, i came here in april 2001 with a student visa , got married with abritish citizen but marriage failed before 2 years visa ens, nasty marriage , very abusive but it was mostly verbal, didn't know about the fact i could have obtain my ilr with that unfortunately no proofs but my ex lawyer apply anyway with ukba on the that basis and run with my money.anyway the ukba wrote to me (that was in 2007) asking me for proofs and photos which i didn't have , i have never answered back or reapply, i'm ivorian. so in gross this is my story.
my baby's dad and i had a relationship for a almost a year , i ended it when i discover that he has a wife in holland ( they are separated and are going through), i ended it anyway.
as for my daughter passport ,we intend to resubmit it in may because we have to wait for a particular document they requested when we went to the dutch embassy.
so apart from the birth certificate with his name on i have no proof that my daughter is dutch so that is why i asked about the ukba deporting me and my daughter.
the reason also for that is that the police came to my house looking for someone nothing to do with me( that is the burden you bear sometimes in sshared house) they've asked everyone id , well i didnt give them my passport , they took my name and others as well anyway and called the home office to check( i'm shaking just tying that) well we dont the outcome but they left saying that they will be back with the immigration.
i have nowhere to go, and i 'm so stressed. can they send me back if they come?
thank you
i know it is a little bit off topic so forgive me

[sopiestelle]

continuation...
but can my baby passport be refused on a basis that her father and i are not married?
my ex haven't acknowledged the baby before birth will it affect her application?
thank you

[fhumbert]

Hi,
There are several issues here.
The issue of your daughter's entitlement to a Dutch passport needs to be dealt with separately. You could start a new thread on this forum. Maybe someone knows about Dutch nationality law. Or you could call the Dutch consulate. I should think that your child's father's input would be required at some stage to establish any claim to Dutch citizenship.
Was the child born in the UK? When? Is the father's name on the birth certificate ?

You also need to read the link posted by 86ti in this thread. There are explanations as to the rights of an EEA child in the UK. There are mentions of the child's rights under EC law (provided the child is an EEA national) and self-sufficiency. The question there is: does you daughter have resources of her own ? Such a maintenance payment from her dad, or from grand-parents ?
I presume that you are an overstayer and hence are prohibited from taking up employment.

Admittedly I am not an expert in immigration law. I think you need to do more background reading and seek more advice, either from someone else on this forum or from a third party such as in a citizen's advice bureau or a solicitor specialising in immigration law.

[sopiestelle]

thank you, yes the dad name is on the birth cert , and she was born in 2009 in the uk. and the dad is the one who want to apply for the dutch passport.

[fysicus]

I happen to know a bit about Dutch nationality law.

The basic rule is: if one of the parents (or both) have Dutch nationality, the child has Dutch nationality automatically. The place of birth is irrelevant.

Second rule (relevant for the case at hand): if the parents are not married, the father must claim his fatherhood before the child is born. If the mother is married to someone, this someone is legally the father and then the biological father (if that is a different person) cannot claim the fatherhood.

If the fatherhood is claimed after birth, the child does not inherit Dutch nationality from the father automatically. It can, however, obtain Dutch nationality via an accelerated procedure (called "option").
If in any doubt, contact the Dutch Embassy in London (consulates cannot deal with such issues).

[sopiestelle]

Under certain circumstances it is possible to acquire Dutch nationality by making a declaration that you wish to become a Dutch citizen. This procedure is open to certain groups of people living in the Netherlands. Abroad, only certain former Dutch nationals and foreign minors who were acknowledged by a male Dutch citizen between 1 April 2003 and 28 February 2009 may make use of the procedure.

thank you so much , i have seen this on the embassy website but i dont think it applies to my daughter for she was born in dec 2009 ( i might be wrong)

[sopiestelle]

please can some explain to me the following :By acknowledgement after birth with submission of DNA evidence
As of 1 March 2009 any child who is seven or older but younger than eighteen and who is acknowledged after birth by an unmarried Dutch citizen automatically acquires Dutch nationality provided that DNA evidence of the man’s biological paternity is submitted within a year after acknowledgement.
thank you

[geriatrix]

Since the discussion is primarily to do with Dutch nationality eligibility/issues, moving the topic to the European Immigration forum.

regards

[Directive/2004/38/EC]

How long has the Dutch father of the baby been living in the UK? If he had been working in the UK for more than 5 years at the time the baby was born, then the father has PR. And if a baby is born in the UK and either parent has PR or British citizenship, then the baby is a British citizen.