Aha...I thought one would have to first have the "Settled Status" officially before she could be British.
I'm hoping for more than a letter from the Home Office! I'm trying to obtain a passport for her before August as we wish to travel out of the country in July.
Therefore, I'm still going about this the correct way? i.e. obtaining a document confirming my Permanent right of Residence. With this I can then approach the Home Office in order to obtain her passport?
Since my EEA3 form also contained a letter from my employer, my last 3 payslips and last 7 P60s, all originals, I don't think I have anything to show the Home Office until I get these back! But then I'll have the Settled Status document. Have I delayed myself inadvertently?
Between 2 October 2000 and 29 April 2006, those from other EEA states could only get "settled status" by making an application (with few exceptions). On 30 April 2006, all of that changed and Permanent Residence became something automaticallu
The Passport Office issues British passports. They knowledge of British nationality law is sometimes - once you move away from the most common areas - let's say, a little hazy at times.
Hence, there would be nothing stopping you applying directly to the Passport Office for your daughter's British passport without a confirmation letter from the Home Office. However, there have been stories of people in your situation being told (wrongly) by Passport Office officials that their children are not British citizens. If you look at the Passport Office website you will see that the information on eligibility is very limited.
You should be aware that you should get your daughter a letter from the Home Office confirming her status as well as a British passport (it doesn't matter in which order). The reason for this is that should her passport ever be lost/stolen she would have to prove her status again : possibly a real problem in 15-20 years time.
Unfortunately for you, if you have sent off documents proving your settled status for your EEA3 application, you have no proof that your daughter is British, so you can't apply for a passport for her right now. Can you get duplicates?
Correct, my daughter has the right to obtain both Austrian & Portuguese citizenships. Now for some TMI...
However, the Austrians are not accepting the format of the names we have given her i.e. 2 surnames; my wife's surname and my surname which is customary in Portugal (no, not double-barrelled nor hyphenated). They will only accept 1 surname, either the father's or the mother's but not both. We believe we will have to pursue this legally through the European courts (!) as there is a precedent already set in the case of
Interesting. Notwithstanding that, I would suspect she is already an Austrian citizen regardless.
The process to obtain Portuguese citizenship is currently stalled due to an error between the consular services in London and the central archives in Lisbon (registering my marriage of all things!). Therefore, I have not even been able to register her birth with the consulate in London; possibly only by the end of this month. The consular services then estimated that they could begin the process of her obtaining a national ID and then passport from July onwards. Or I could simply fly to Lisbon, with both wife & child in tow, with a salvo conducto for my daughter from the consulate and try kick-start everything directly in Portugal! Expensive..
Again, interesting. You say below that you were born in South Africa so as far as I can tell your child is not a Portuguese citizen until the registration process is completed.
I had a quick look at the Austrian Nationality Act of 1985 ... I don't know if it has since been amended since, but as far as I can tell, registration as a Portuguese citizen will cause your child to lose Austrian citizenship unless approval is obtained in advance from the Austrian authorities.
There's a link to the Act at: http://en.wikipedia....nationality_law
If this is important, I suggest you or your wife contacts the Austrian Embassy.
Then there's the fact that I'm also South African by birth despite never ever holding a SA passport. And yes, my daughter qualifies for SA citizenship, too. Ahem.
Nah, I shan't be bothering. I would have to get my passport first then register her birth then
The South African passport is worth increasingly little as time goes on. Bear in mind that if you decide to take out British citizenship, you will lose your South African citizenship unless you get permission to keep it in advance.
Also bear in mind that if you go to South Africa while you are still a citizen, you are expected to enter and leave on a South African passport.
No, the process to obtain one [British citizenship] has become more expensive with the only advantage for her being able to vote in parliamentary elections. We both already vote in the locals. I actually had thought of becoming British but again, the expense and hassle vs. the benefits has not convinced me. I should have before April 2006!
Unless you think there are more advantages...? It then becomes a case of "value" rather than identity, subverting the whole concept behind nationality?
You could have become British in 2004 if you had applied for "settled status" in 2003 (under the old rules). The fees went up in April 2007.
Day to day, there are not many additional advantages to being British - voting rights, Civil Service employment, British passport, and exemption from deportation - these are the ones that come to mind. Longer term, if Britain were to withdraw from the European Union (something that would be foolish to rule out, when one considers how poorly the U.K. "fits" into the EU), your status would more protected if you were already a British citizen.
For your wife, can she get permission from the Austrians to become a British citizen and keep Austrian citizenship?