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At the time of the birth, how long will you and your wife have been living in the UK? It is not clear if your wife is already pregnant, or whether you are just thinking of medium term planning?If we have a child in Ireland, what would its nationality be ?
You have full rights to use your British passport to enter the UK and to live here. Really the only difference between being British by descent, or British otherwise by descent, is that as a person who is British by descent, your children will only be British if born in the UK. Whereas had you been British otherwise than by descent your children would have been British wherever they were born in the world.I'm a British Citizen [ BY DECENT ]
Yes, and will be able to transmit Irish citizenship to his or her own children - regardless of where they will be born.ado.machung wrote:What about the Republic of Ireland ? Will the child be entitled to Irish Nationality, since one parent is British ?
Either.ado.machung wrote:What does "island of Ireland" refer to here ? Northern Ireland or Rep. of Ireland ?
Legally, you're quite right. Your wife is not permitted to enter Northern Ireland without a valid UK visa. Practically, however, there are no border checks. In fact - times the only we to know you've crossed the border is the change in road signs.ado.machung wrote:Northern Island is out for me since getting UK visa for my wife isn't guaranteed in the time frame i'm working with (consulate says up to 3 months).
Unless she can legally travel to Northern Ireland on an Irish Visa.
I'm sorry if this is a stupid question - but as you can tell - i'm a newbie !
See http://eumovement.wordpress.com/2007/04 ... ional-law/ado.machung wrote:I guess i was wrong !! Thanks for the heads-up..
ado.machung wrote:Hi All,
I'm a British Citizen [ BY DECENT ] living in Sri-Lanka and my wife is Pakistani. Neither of us have ever resided in the EU, not even the UK.
If we have a child in Ireland, what would its nationality be ?
I'm going through all this trouble mainly to avoid the Pakistani link !JAJ wrote:
Irish citizen.
Possibly Pakistani as well, but you might not want to claim that.
Getting a UK visa for my wife is proving to be arduous. The consulate says 8-12 weeks. By that time it's not advisable to fly.Directive/2004/38/EC wrote:I think your child, if born in Northern Ireland, would have both British and Irish citizenship. For what that is worth...
Sorry, but I (somewhat) disagree.benifa wrote:What I'm getting it, is no visa would be required, whether EEA FP or any other flavour.
Your question should be "Is there a minimum requirement for how long i should have been working for before we can enter and reside in the UK under EEA regs".ado.machung wrote:Is there a minimum requirement for how long i should have been working for before applying for visa or EEA family permit ?
But Metock said:Directive/2004/38/EC wrote:Sorry, but I (somewhat) disagree.
Remember that the non-EU spouse will not have a Residence Card for at least 6 months after the EU spouse gets a job.
And since the UK does not recognize Residence Cards issued by other member states, this is in any case problematic.
In any case, in the period of time before the baby comes there is no chance of a Residence Card.
So they either have to apply for an EEA family permit (i.e. a visa) when they are in Ireland and working, or they have to have the visa issued at the border (if the UK requires that when they enter the UK).
The Directive provides that the couple can live and work in Ireland. Singh provides that the couple can enter and reside in the UK after having been engaged in economic activity in Ireland. Metock provides that the provisions of the Directive apply irrespective of how the spouse were to enter the UK (i.e., with or without a visa / EEA FP)...the Court holds that a non-Community spouse of a Union citizen who accompanies or joins that citizen can benefit from the directive, irrespective of when and where their marriage took place and of how that spouse entered the host Member State.