Which Passport UK or Spanish???

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Which Passport UK or Spanish???


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Old 31st December 2009, 05:27 PM
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Default Which Passport UK or Spanish???

We are moving to Spain hopefully before our baby is due end of May 2010, does anybody know will the baby get a UK or Spanish passport?

Thanks
Polly

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Old 31st December 2009, 05:37 PM
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I suspect your baby will get both providing you do all the necessary paperwork


Jo xxx

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Old 1st January 2010, 08:05 AM
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I suspect your baby will get both providing you do all the necessary paperwork


Jo xxx
IMHO
First of all it depends what nationality you and the father are - but assuming you are both British citizens then you will be able to apply at the British Consulate here in Spain for a UK passport. It will depend on the UK government's rules as to whether you will be able to apply for a Spanish passport. This is how I understand it - for eg Denmark allows dual citizenship but Sweden does not - you have to revoke your Swedish citizenship in order to obtain a Spanish passport.
I'm sure more knowlegible (how the hell do you spell this word??) OPs will respond to your Q.
Graham

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Old 1st January 2010, 10:43 AM
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IMHO
First of all it depends what nationality you and the father are - but assuming you are both British citizens then you will be able to apply at the British Consulate here in Spain for a UK passport. It will depend on the UK government's rules as to whether you will be able to apply for a Spanish passport. This is how I understand it - for eg Denmark allows dual citizenship but Sweden does not - you have to revoke your Swedish citizenship in order to obtain a Spanish passport.
I'm sure more knowlegible (how the hell do you spell this word??) OPs will respond to your Q.
Graham

The poster is from the UK and the UK does allow dual citizenship. To my knowledge, the childs birth certificate would have to be in Spain if thats where he/she is born and therefore is entitled to be a Spanish citizen. The parents, if they are both uk passport holders (in fact I think if only one is) then that can be applied to the child via the British consulate. Thats how I understand it, but I´m not the sharpest tool in the box LOL


Jo xxx

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Old 1st January 2010, 02:49 PM
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Originally Posted by Pollypocket View Post
We are moving to Spain hopefully before our baby is due end of May 2010, does anybody know will the baby get a UK or Spanish passport?

Thanks
Polly
If you have a look at the following you might find all of your answers:
Can my child have more than one nationality?
Graham

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Old 1st January 2010, 03:22 PM
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I suspect your baby will get both providing you do all the necessary paperwork


Jo xxx
I doubt it! Jus soli is fading fast except in the US where it sits almost inviolate in the XIVth. It left the UK in 1983 BTW.

My quick reading of it is that the child will not be a Spanish citizen at birth unless one of their parents was Spanish or neither parent possessed a nationality. But it was a very quick research.

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Old 1st January 2010, 03:49 PM
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I doubt it! Jus soli is fading fast except in the US where it sits almost inviolable in the XIVth. It left the UK in 1983 BTW.

My quick reading of it is that the child will not be a Spanish citizen at birth unless one of their parents was Spanish or neither parent possessed a nationality. But it was a very quick research.
I think you're right on this one. Someone I know looked into the situation, due to similar circumstances (different nationalities involved), but the end result is that a child born in Spain only gets Spanish nationality if one or both of the parents is Spanish or if neither parent has a nationality that can be transmitted to the child and thus the child would be stateless. (In the case I know of, the child was born in France, which has changed its laws recently and because the parents' nationality was not transmissible, the poor little kid literally is stateless. Parents then moved to Spain and were hoping maybe their kid can get Spanish nationality based on the Spanish "loophole.")

I know I was surprised a few years ago when researching this issue to find that jus sanguinis is by far the dominant system for acquiring nationality at birth. And as you mentioned, it is just getting more popular these days.
Cheers,
Bev

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Old 1st January 2010, 04:05 PM
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Thank you everybody for your replies, we are both British.

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Old 1st January 2010, 07:19 PM
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Originally Posted by Bevdeforges View Post
I think you're right on this one. Someone I know looked into the situation, due to similar circumstances (different nationalities involved), but the end result is that a child born in Spain only gets Spanish nationality if one or both of the parents is Spanish or if neither parent has a nationality that can be transmitted to the child and thus the child would be stateless. (In the case I know of, the child was born in France, which has changed its laws recently and because the parents' nationality was not transmissible, the poor little kid literally is stateless. Parents then moved to Spain and were hoping maybe their kid can get Spanish nationality based on the Spanish "loophole.")

I know I was surprised a few years ago when researching this issue to find that jus sanguinis is by far the dominant system for acquiring nationality at birth. And as you mentioned, it is just getting more popular these days.
Cheers,
Bev
so how come I 'know' someone on a different forum who is british, as is his wife - and they have 2 kids born here in spain who have spanish passports?

i'm pretty sure they also have british ones, too

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Old 1st January 2010, 07:49 PM
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so how come I 'know' someone on a different forum who is british, as is his wife - and they have 2 kids born here in spain who have spanish passports?

i'm pretty sure they also have british ones, too
While I hate to give 100% credence to Wikipedia, this is what it says under Spanish nationaility law:

The Spanish nationality can also be acquired by residence in Spain. To apply for nationality by residence it is necessary for the individual to have lived in Spain for:[8]
ten years, or
five years if the individual is a refugee, or
two years if the individual is a national of a country of Iberoamerica, Andorra, Philippines, Equatorial Guinea, Portugal, or if the individual is Sephardic (i.e. a descendent of the Spanish Jews, expelled in 1492), or
one year for those individuals:
born in Spanish territory
, whose parents are foreign and legally resident in Spain


So it looks as though children born in Spain of British parents will be British at birth, but can also acquire Spanish citizenship on application by their parents after one year. Their births will have to be registered locally of course, and application has to be made to the Civil Registry.
Someone else I'm sure can quote Spanish rules and regulations on it. Britain allows multiple nationality liberally, while at least Spain permits dual citizenship if it is automatically acquired through birth (e.g. one of the parents being Spanish or born in Spain).

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