Baby Born One Day Too Soon For A British Passport

[Rinrada]

Something to ponder.....

The baby born one day too soon for a British passport

By

Helen Nugent (with thanks)

THE son of a British father and an Italian mother has been left without citizenship of either country because he was born one day before a legal loophole was closed.

Leo Poole was born on June 30 at Southmead Hospital in Bristol. His parents, who want to take their son to Italy to visit relatives, assumed that he would be entitled to a British passport.

But Martin Poole, 56, and Christiana Nisi, 36, were told that Leo was not eligible for British citizenship because they are unmarried and Miss Nisi is foreign.

If he had been born one day later, he would have been granted a British passport. The law was revised 11 days ago. Leo does not qualify for a passport under Italian regulations because his mother lives in England.

Mr Poole, from Sneyd Park, Bristol, has lived in Britain all his life. He runs a marketing consultancy, has been with his partner for six years and both are on the electoral register.

He said: “We had just assumed that Leo would automatically be British. To find out he can’t get citizenship, and it’s because he was born one day early, is a major kick in the teeth. The only way would be for us to marry. We don’t object to that but it is so unromantic to be forced into doing so due to an administrative oversight. I am appalled to have my son rejected by my country in this way.”

In an effort to obtain a passport for their son, the couple approached the Italian Consulate, which eventually agreed to put Leo on his mother’s passport. But Leo will only be eligible for Italian citizenship if the family moves to Italy within 12 months. They have agreed to do so as a temporary solution but still want their son to have a British passport.

Under Section 9 of the Nationality Immigration and Asylum Act 2002, which came into force this month, children born to unmarried parents can take their nationality from their father.

Mr Poole said: “You don’t have to get permission to be in any EU country any more, but all the old laws to do with your child’s nationality still applied until now.

“Fathers had no status or rights unless they were husbands too, so it’s good they have changed the law, but they should take consideration of people like Leo who have already been caught out. It’s outrageous.”

Darren Mcauley, 32, and his Finnish partner, Karoliina Ahtila, 29, experienced similar problems with their daughter Erin. Although she was born on July 1, they were told by the Identity and Passport Service that their daughter was not entitled to a British passport. Mr Mcauley, from Bodmin, Cornwall, and Miss Ahtila were eventually issued with a Finnish passport for Erin from the embassy in London.

A spokesman for the UK passport service said: “We cannot comment on individual cases but we recognised the existing legislation was outdated and that new procedures should be brought in for children to derive nationality status and entitlements of their father, subject to the proof of relationship

http://www.timesonline.co.uk/article/0,,2-2265644.html

[vinny]

See also Nationality, Immigration and Asylum Act 2002, 9 Legitimacy of child

Explanatory Notes to Nationality, Immigration And Asylum Act,

Concept of Illegitimacy Abolished in British Nationality Law on 1 July 2006

[bigjl]

See also Nationality, Immigration and Asylum Act 2002, 9 Legitimacy of child

Explanatory Notes to Nationality, Immigration And Asylum Act,

Concept of Illegitimacy Abolished in British Nationality Law on 1 July 2006

Don't see what difference it makes, I had to get married to ensure my daughter and son could get a british passport, as they say thems the rules.

Must admit i wish i didn't have to do it, as divorce looks to be an expensive procedure, but it was a small sacrifice to ensure stability and travel rights for my kids.

[Dragonman]

Leo does not qualify for a passport under Italian regulations because his mother lives in England.

In an effort to obtain a passport for their son, the couple approached the Italian Consulate, which eventually agreed to put Leo on his mother’s passport. But Leo will only be eligible for Italian citizenship if the family moves to Italy within 12 months. They have agreed to do so as a temporary solution but still want their son to have a British passport.

This is a new one on me!

The principle of "jure sanguinis", continuity of blood, is established and reconfirmed in Italian Law 91/1992. Since Regulations 1948, the child is automatically Italian by birth, of his mother's nationality. Anyone know of any obscure EU directive that insists on Italians "going home" to receive citizenship?

[geoffphuket]

Something to ponder.....

The baby born one day too soon for a British passport

By

Helen Nugent (with thanks)

THE son of a British father and an Italian mother has been left without citizenship of either country because he was born one day before a legal loophole was closed.

Leo Poole was born on June 30 at Southmead Hospital in Bristol. His parents, who want to take their son to Italy to visit relatives, assumed that he would be entitled to a British passport.

But Martin Poole, 56, and Christiana Nisi, 36, were told that Leo was not eligible for British citizenship because they are unmarried and Miss Nisi is foreign.

If he had been born one day later, he would have been granted a British passport. The law was revised 11 days ago. Leo does not qualify for a passport under Italian regulations because his mother lives in England.

Mr Poole, from Sneyd Park, Bristol, has lived in Britain all his life. He runs a marketing consultancy, has been with his partner for six years and both are on the electoral register.

He said: “We had just assumed that Leo would automatically be British. To find out he can’t get citizenship, and it’s because he was born one day early, is a major kick in the teeth. The only way would be for us to marry. We don’t object to that but it is so unromantic to be forced into doing so due to an administrative oversight. I am appalled to have my son rejected by my country in this way.”

In an effort to obtain a passport for their son, the couple approached the Italian Consulate, which eventually agreed to put Leo on his mother’s passport. But Leo will only be eligible for Italian citizenship if the family moves to Italy within 12 months. They have agreed to do so as a temporary solution but still want their son to have a British passport.

Under Section 9 of the Nationality Immigration and Asylum Act 2002, which came into force this month, children born to unmarried parents can take their nationality from their father.

Mr Poole said: “You don’t have to get permission to be in any EU country any more, but all the old laws to do with your child’s nationality still applied until now.

“Fathers had no status or rights unless they were husbands too, so it’s good they have changed the law, but they should take consideration of people like Leo who have already been caught out. It’s outrageous.”

Darren Mcauley, 32, and his Finnish partner, Karoliina Ahtila, 29, experienced similar problems with their daughter Erin. Although she was born on July 1, they were told by the Identity and Passport Service that their daughter was not entitled to a British passport. Mr Mcauley, from Bodmin, Cornwall, and Miss Ahtila were eventually issued with a Finnish passport for Erin from the embassy in London.

A spokesman for the UK passport service said: “We cannot comment on individual cases but we recognised the existing legislation was outdated and that new procedures should be brought in for children to derive nationality status and entitlements of their father, subject to the proof of relationship

http://www.timesonline.co.uk/article/0,,2-2265644.html

Under Section 9 of the Nationality Immigration and Asylum Act 2002, which came into force this month, children born to unmarried parents can take their nationality from their father.

Can anyone confirm this? I might open the subject in a new Post

[/color]

[GU22]

Under Section 9 of the Nationality Immigration and Asylum Act 2002, which came into force this month, children born to unmarried parents can take their nationality from their father.

Can anyone confirm this? I might open the subject in a new Post

See the links provided by Vinny, above.

[vinny]

Update.

Unfortunately, the British Embassy have not yet updated their Consular Birth Registration webpage to reflect the better changes in the Law relating to unmarried UK fathers and their children born on or after 1 July 2006. However, the Home Office have updated their information on Legitimacy and Meaning of "parent" (Chapter 6: General Information, Annex F: Explanation of terms, section 22).

[JayBpool]

What a crazy law!!!!!

I knew nothing of this i have just had a baby boy on the 3rd august with my thai partner who is here on a settlement visa.

I would go crazy if my child was refused a british passport!!!

Surely if your name is on the birth certificate and you are English the baby automaticaly is entitled to British citizenship???? married or not the child is yours and born here!

What would happen if the childs parents refused to go to Italy and the baby never got citizenship? would england deport the child???

If so and it got to this point where would they deport the child to as he or she has no nationality???

Not sure if i understand the posts right but this is my taking on them

Feel sorry for the people in question and hope things work out ok for them but surely with enough complaining, publicity and a good solicitor they should be able to have the citezenship overturned