About being British

[pne]

I was browsing Wikipedia and came across an article on the British Nationality Law, which it calls arguably the world's most complex nationality laws.

Reading the article made me think about the nationality of my children. If I read it correctly, my children will be "British Overseas Citizens", rather than "British Citizens" as I am, since I have British citizenship only by descent (I wasn't born in the UK) and cannot, therefore, pass on my citizenship. However, it appears that I may be able to register my children as British Citizens before their eighteenth birthday (Some persons are eligible for registration as citizens automatically, but this registration must be done before their eighteenth birthday: […] children not born in the UK of citizens by descent).

I'll have to discuss with Stella which nationality she wants to give our children: whether she wants to have them English, German, or both. (If they are also German, though, there may be problems acquiring full British citizenship, according to my limited understanding of the situation: The Nationality, Immigration and Asylum Act 2002 has also granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they do not hold and have not intentionally renounced another citizenship.)

However, if they are German citizens, they would also have the right of abode in the UK by virtue of being EU citizens. So we'll have to see. But having Germans called "Newton" seems a bit strange; on the other hand, I don't know how successful I'll be in passing on my first language to my children, and having British Citizens who speak English badly and who have German as their first language is also a bit strange.

ETA: Hm, this Britishness test I've just read about may throw a bit of a spanner in the works. (More information at bbc.co.uk)

ETA 2: Hm. It seems that any child born of at least one German parent is a German national. Interesting.

ETA 3: This page (in German or in English) clarifies things a bit: Children born in Germany of foreign parents will, provided certain prerequisites are fulfilled, acquire German nationality from birth. They must however decide between the ages of 18 and 23 years, whether they want to retain their German nationality or the nationality of their parents. … The principle of the avoidance of multiple nationality still marks the law on nationality. Those applying for naturalization must in principle give up their foreign nationality. However in contrast to previous legislation, there are generous exceptional rules which allow the previous nationality to be retained.

This page from the US Embassy in Germany, on the other hand, is a bit vague: As a general rule, a child born to a German citizen parent automatically acquires German citizenship at birth through jus sanguinis, regardless of the place of birth. There are exceptions under present law, however, and have been many in the past. For more information about how German citizenship may be transmitted by a German parent, please contact your local Staatsangehörigkeitsbehörde (or Standesamt, in some parts of Germany). But then, later, Under German law, a person may not have more than one citizenship unless he/she was born with both. And, further, For more information about these and other responsibilities of citizenship, please contact the Embassy, your nearest consulate, or your local Staatsangehörigkeitsbehörde (or Standesamt).

According to a page of the British High Commission-Canada, it seems that registration is done in the UK when you go to live there.

This page says that Persons falling into these categories may be registered as British citizens if they have lived in the United Kingdom lawfully for five years; the twelve months preceding the application must be of continuous residence. British Overseas Citizen […].

This site has information on the German side of things. http://www.gesetzesweb.de/StAG.html has the text of the law; http://www.einbuergerung.de/26_50.htm has a summary.

Comments

[karen2205]

IIRC the citizenship test only applies to adults seeking British citizenship, not to children who acquire it from their parents. Have a look at http://www.ind.homeoffice.gov.uk/default.asp?PageId=38 for some further information. It looks like you'd need to contact your nearest British Embassy/High Commission/Consulate for further information.

I'd have thought dual nationality, if you can get it, would be a good thing for your child - one way to be sure of it would be for the two of you to come to the UK for the birth - being EU citizens you'd be entitled to free medical care....but I somehow don't think Stella will like that idea very much...

[pne.livejournal.com]

Have a look at http://www.ind.homeoffice.gov.uk/default.asp?PageId=38 for some further information.

Ah, thanks. I shall. I also found http://ind.homeoffice.gov.uk/default.asp?PageId=1197 on the same site which talks about registering children under 18, which I'll have to take a look at.

dual nationality, if you can get it

From what I've read so far, the main "problem" is the British side - since Stella is German, the child will automatically be German.

one way to be sure of it would be for the two of you to come to the UK for the birth

Hm... that might work. This place (http://www.britain-in-canada.org/Passport/eligible.htm), for example, says that Birth in the UK after 1 January 1983 does not automatically confer citizenship unless one of the parents is a British citizen or "settled" in the UK at the time of the birth. The "settled" bit would be difficult, but I fulfil the "one of the parents is a British citizen" bit.

I somehow don't think Stella will like that idea very much...

You might be right :)

[pne.livejournal.com]

Hm, http://ind.homeoffice.gov.uk/default.asp?PageId=1197 Section B requires "That parent has at any time before the child's birth lived in the United Kingdom for a period of 3 years without being absent from the country for more than 270 days in that period" unless "the child was born stateless". Bummer.

[pne.livejournal.com]

http://www.ind.homeoffice.gov.uk/default.asp?PageId=148 also appears to be useful.

But section 8 isn't particularly hopeful: If you are, or your husband or your wife is, a British citizen by descent, but neither of you is a citizen otherwise than by descent, your child born outside the United Kingdom or, on or after 21 May 2002, outside the United Kingdom and outside the qualifying territories (see Note C) will not be a British citizen when he or she is born (unless you are, or your husband or your wife is, a British citizen in one of the types of service listed in paragraph 16). But your child will be entitled to be registered at the Home Office as a British citizen in certain circumstances. These are explained in paragraphs 9 to 11.