Education and Child Matters

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International Child Nationality

 

WHAT DOES A CHILD’S NATIONALITY MEAN?

An individual’s passport will show their nationality. Nationality refers to the country where you legally belong. You are a member of that state. You can acquire a nationality by birth, adoption, marriage, naturalisation or through the nationality of your parents.

EXAMPLE – If you have a British passport then you are a legal national of the county of the United Kingdom

Under article 15 of the universal declaration of human rights says that everyone has the right to a nationality, no one shall be arbitrarily deprived of their nationality nor denied the right to change their nationality.

LINK TO ARTICLE 15 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

CAN A CHILD HAVE A DIFFERENT NATIONALITY/PASSPORT TO THEIR PARENT(S)?

Yes this is possible. A child can have a different nationality/passport to their parents.  This may be because they were born in a different country to where their parents are nationals. If this is the case it is always prudent for the parents of a young child to keep a copy of the child’s birth certificate when travelling internationally. The birth certificate will prove you are the parent(s). When one parent is travelling alone with the child, it may also be prudent to have a signed letter from the other parent giving consent that the child can travel abroad with this parent. This will probably resolve any immigration issues if they arise.

Please note that it is not a crime for parents and children to be nationals of different countries and thus have passports from different countries. Our recommendations above are only to make your life easier if you and your child get stopped at immigration and passport control and questions are raised.

CAN A CHILD LIVE IN A DIFFERENT COUNTRY TO THEIR PARENTS?

Yes they can. There are laws regarding this issue. For a child under 16 years of age to live abroad away from their parents the following should be in place:

1. The consent is required from the parent(s) for the child to live abroad

or.

2. There has to be a court order in place stating the child can live abroad with the individuals named in the court order.

or

3. The child has been adopted by someone who lives abroad and there is a court order stating this.

A child aged between 16 years and 18 years may not need the above to live abroad. Please ask the consulate of the country where the child wants to go and live for further clarification.  

CAN A CHILD HAVE A DUAL NATIONALITY?

Yes a child can have dual nationality. For example they can have the nationality of the country where they were born and the nationality of the country their parents are citizens or where they live and work.

Some countries recognise dual nationality and allow their citizens to hold another nationality. There are some countries that do not allow dual nationality while others will only allow dual nationality with specific countries (an example of this is Spain which only allows dual nationality with other Iberian countries). You will need to check with the consulates of the countries you wish your child to have nationality.  

LINK TO GOVERNMENT WEBSITE FOR FOREIGN EMBASSIES IN THE UK

LINK TO GOVERNMENT WEBSITE FOR DUAL CITIZENSHIP

An individual with dual nationality can carry 2 passports, one from either country.

IF YOUR CHILD HAS DUAL NATIONALITY AND ONE OF THEM IS BRITISH. CAN YOUR CHILD GET HELP FROM THE BRITISH EMBASSY WHEN THEY ARE IN THE OTHER COUNTRY WHERE THEY ALSO HOLD NATIONALITY?

The answer is no. An example of this is if your child holds dual nationality of the countries UK and USA and they are in the USA, they cannot get help from the British embassy there if they get into trouble.  

WHAT ELSE IS THERE TO KNOW ABOUT DUAL NATIONALITY?

Please note the following points and ask the consulate for further clarification:

  1. The individual with dual nationality could possibly be liable for double taxation. Please ask the consulates of both countries if there are any income tax treaties in place between the countries to reduce this liability. 
  2. This individual has to comply with the laws of both countries
  3. It can be expensive to maintain dual citizenship.
  4. The individual can vote in elections in both countries
  5. They do not need a work permit to work in either country
  6. They do not need visas’ for either country
  7. They can stay and live for as long as they like in either country. 
  8. They can use the medical facilities provided by the government in either country
  9. They can use the education facilities provided by the government in either country
  10. They will only pay domestic university fees
  11. They can own property and land in either country
  12. An individual with dual nationality may not be able to get a job in some government posts because they are also a citizen of another country.