If my thai misus and I are relocted to the EU for work and we have a baby...

[ghworker2010]

If my thai misus gets a job in one of the EU countries and then she becomes pregnant with our child during the said time.... does it mean that we are both entitled to long term visas / residency in the country which the child is born. We have legal marriage in LOS. I have an antipodean passport. I probably will be house husband and not work but interested to know what would happen if our baby was born under these circumstances.

Do the same EU immigration laws apply to all member states?

many thanks

[Basil B]

Firstly you do not give your nationality?

AFAIK the laws on immigration are the same in every EU country but how they are interpreted and apply does differ, also I doubt there is any advantage of getting the wife pregnant, probably a big disadvantage due to medical fees.

Also a Shengan visa does not cover all EU countries.

Edited June 28, 2014 by Basil B

[7by7]

The immigration rules for EEA nationals and their non EEA national family members, but see below, are the same for all EEA states.

But, each state has it's own immigration rules for all others, including the non EEA national family members of a citizen of the state concerned

Nationality laws are not covered by EU/EEA regulations; each member state has it's own.

For example, a child born in the UK will only be British if at least one of it's parents is British or, if not, has no time limit on their stay in the UK (ILR if a non EEA national, PR if an EEA national).

Therefore, without knowing which country you may be moving to it is impossible to answer your question.

[Maestro]

Removed an off-topic post.

[dunque]

this might give you some pointers - but best to get professional advice from a local legal

http://en.wikipedia.org/wiki/Citizenship_of_the_European_Union#Acquisition

[Strangebrew]

The child if born in that country is citizen. You are still farang and can be deported.

[Basil B]

I am guessing as the OP does not state his nationality or give any reason why his wife would be allowed into the EU or allowed to work legally in the first place.

I think he maybe a EU national and intends exercising his right to work in another EU country with his wife, and is looking for a country that may grant their child citizenship and thus granting the mother indefinite rights to remain and then they can go and live in his home country happily ever after.

[7by7]

The child if born in that country is citizen. You are still farang and can be deported.

Completely wrong.

It all depends on the nationality laws of the country concerned at the time of the child's birth; the law in this regard in the UK changed in 1983.

See the link provided by dunque for an overview of the current position for EEA countries.

You will see that at best the child will only be a citizen if at least one of the parents is also a citizen of that country or has permanent residence in that country.

Therefore, as neither the OP nor his wife are citizens of the state concerned then, unless one or both of them have PR in the EEA state where the child is born at the time of the birth, then the child will not be a citizen of that state and so have no effect on their ability to legally remain in that state or anywhere else within the EEA.

[7by7]

Basil, I don't think so.

In the OP he says "I have an antipodean passport."

[boike]

Basil, I don't think so.

In the OP he says "I have an antipodean passport."

Yes that's what he says, just do a www search

Send from my Galaxy S4 4G LTE

[Gillyflower]

A few years ago in the BP there was an article that was about the difficulties incurred about the citizenship of children born to parents in a foreign country..They gave three examples. One a Canadian with a Chinese in China. They were not married so the child couldn't have Chinese nationality and the husband was second Canadian. That is he was born out of Canada to Canadian parents. Canada had just brought in a law.....after that you have no right to Canadian Citizenship. The second example - I can'r remember the details, but he was a second Canadian too. Couldn't get Citizenship for the baby. Had a hell of a job, then found out that Eire was the solution. His grandfather was an Irish immigrant to Canada. So the baby became Irish, likewise the Dad, because it would have looked very suspicious if Mum, Dad and baby all had different nationalities. The third and this is where it also touches the EU. He was again Second Canadian married to an Algerienne. Any child born out of Algeria has no right to Algerien nationality. They were living in Belgium, both with excellent executive type jobs. Any baby born in Belgium to foreign parents does not have Belgian citizenship. The three were stuck in Belgium and could not move. Whether there was any solution to their problem, I do not know.

Be careful what EU countries you go to.

Of course laws may have changed.

Edited June 29, 2014 by Gillyflower

[beano2274]

Simple answer no.

Also what makes you think your wife will get a job in a Schengen Country?

how will you survive as a family if she is pregnant and has to stop work due to pregnancy?

[7by7]

Don't think the OP's child will have that problem, Gillyflower.

The type of problems you describe depend upon the nationality laws of the parent's county(ies); not those of the country where the child is born.

The OP doesn't say what his nationality is, other than 'antipodean' which is not a nationality, but does say his wife is Thai.

Therefore their children will be Thai no matter where they are born, even if they can't inherit their father's nationality.

Edited June 29, 2014 by 7by7

[beano2274]

Don't think the OP's child will have that problem, Gillyflower.

The type of problems you describe depend upon the nationality laws of the parent's county(ies); not those of the country where the child is born.

The OP doesn't say what his nationality is, other than 'antipodean' which is not a nationality, but does say his wife is Thai.

Therefore their children will be Thai no matter where they are born, even if they can't inherit their father's nationality.

And the baby would then require a Visa to stay in the country, without income no chance

[Gillyflower]

7by7

I only gave that info to 'help'. But are children born out of T'land still Thai (even if the parent is Thai) or is it like Algeria. I will correct you on one point. Any child born in Belgium to foreign parents does NOT get Belgian citizenship. What the hell does 'antipodean' mean. I know what the word means, but in relation to nationality........I do detest these OP's who give these sort of 'I don't want to tell you everything' or 'I'm just trying to be clever'.

[Gillyflower]

7by 7

Sorry I am going to correct you again. The example of the Canadian and the Chinese lady. They were NOT married and under Chinese law, a baby born out of wedlock could not have Chinese citizenship. So I was (quoting the article) quite right.

[Gillyflower]

Actually I apologise. The Canadian/Chinese story happened in China. The country where the baby was born. Imagine a Canadian, Chinese, Irish baby!!!

[7by7]

I only gave that info to 'help'.

Which is the intention of us all, I hope.

Hence my pointing out that the situations you describe would not be applicable to the OP as, regardless of the nationality laws of his country and the country where the child may be born, that child will inherit Thai nationality from it's mother.

But are children born out of T'land still Thai (even if the parent is Thai) or is it like Algeria.

Yes, children born outside Thailand who have at least one Thai parent are Thai; as the many dual Thai/British children born in the UK will testify.

I have no idea about Algeria.

I will correct you on one point. Any child born in Belgium to foreign parents does NOT get Belgian citizenship.

Where did I say that they did?

But the link provided by dunque does say that a child born in Belgium to foreign parents who have been resident in Belgium for at least 5 of the past 10 years will be Belgian. I don't know anything about Belgian nationality law so cannot say whether or not that is correct.

What the hell does 'antipodean' mean. I know what the word means, but in relation to nationality........I do detest these OP's who give these sort of 'I don't want to tell you everything' or 'I'm just trying to be clever'.

Agreed.

[7by7]

7by 7

Sorry I am going to correct you again. The example of the Canadian and the Chinese lady. They were NOT married and under Chinese law, a baby born out of wedlock could not have Chinese citizenship. So I was (quoting the article) quite right.

As I say above, I did not say that the information you gave was incorrect; merely that it was not applicable to the OP and his wife.

As I said; the type of problems you describe depend upon the nationality laws of the parent's country(ies); not those of the country where the child is born.

If you say that Chinese nationality law means that a baby born out of wedlock is not Chinese (even if born in China to a Chinese mother?) then as I know nothing of Chinese nationality law I will accept your word.

But

• the OP's wife is not Chinese, she is Thai;
• he hasn't said, but I don't think the OP is Chinese either;
• the child is not going to be born in China, he is asking about a child born in an EEA country and
• they are married, so the child wont be born out of wedlock.

So, with respect, Chinese, Canadian and Algerian nationality law are irrelevant to this topic. Even if the OP himself has one of those three nationalities, the child will, as said, inherit it's mother's Thai nationality no matter where it is born.

Edited June 29, 2014 by 7by7

[In Search of Space]

He has an antipodean passport, so either New Zealand or the other little island near by !

[Basil B]

Basil, I don't think so.

In the OP he says "I have an antipodean passport."

Whoops I missed that one...

He could probably go to many countries in the EU without a Visa but not to work.

She would not be able to travel to the EU without a visit visa and would not be allowed to work.

A work visa for either of them is highly unlikely.

So I think the question raised by the OP is hypothetical as he and his wife would not be able to stay in the EU long.

[SantiSuk]

Some people are a bit presumimg. Why claim it is unlikely that the wife would be able to work in the EU. If she happened to work in the Bangkok office of the worldwide professional services firm that I retired from she would easily get a work permit (arranged by the firm) if she was required to go to one of our European offices on secondment (which we frequently did between SEA and Europe and vice versa). Same would probably be true of the international banks and international corporates. Some of our most committed and intelligent junior staff - and increasingly senior ones too - were Asian women.

Is someone being a little bit misogynist, or at best old-fashioned about women, or is it another example of that apparent ThaiV member tendency to believe that all Thai women are buffalo herders/bar girls?

[Gillyflower]

Actually I wasn't SAYING anything. I was at the beginning just quoting an article (of several pages) that I had read in the BP Then went on to correct several things that I had not made clear. But if children born out of Thailand of a Thai parent has Thai citizenship, then is no problem from that point of view. I sign off.

[NicoBKK]

As someone said, Europe is a Continent, made of different states and immigration regulations. I can give example for Italy, a baby of a non Italian couple born in Italy is not considered to be Italian. If parents have work permit and residence permit then they can stay in Italy and the baby will be given residence permit -but not Italian passport

[Gillyflower]

The word is "citizenship".