Re: NZIS policy changes take effect NOW.

>On Sun, 16 Nov 2003 22:16:13 +1300, "Hugh Janus" <[EMAIL PROTECTED]> wrote:
> In the UK the newborn would take the nationality of the
>mother. 

Not really.

The question of whether a UK born child takes the nationality of a
foreign parent is a matter for that country, not the UK.

UK law on the subject for UK born children is explained in outline
here:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=152

>Which I suppose solves a lot of problems in the UK. My daughter was
>born in Wales, I'm Welsh and my Wife is Swedish, we could not get a UK
>passport for my daughter because we were not married at the time. 

You may have been misadvised.  

The law, for what it's worth is as follows:

1.  Unmarried fathers cannot automatically pass on their British
citizenship to children.  That's true, and many other countries still
have that distinction in their nationality law (or used to).
Legislation has been passed to change this in the UK, but has not been
activated yet.

However, assuming your daughter was born before 2 October 2000, then
her Swedish mother would have been considered 'settled' in the UK and
you daughter would have acquired British citizenship at birth on this
basis (a mother settled in the UK).  Your own status would not have
mattered.

2.  If your daughter was born on or after 2 October 2000, but you
subsequently got married, then your daugher would most likely have
acquired British citizenship on the date of the marriage.

The rules about legitimation are complex, but you can read Home Office
policy here:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=2552

3.  If neither 1 nor 2 apply, you should still be able to apply for a
certificate of registration as a British citizen for your daughter.
This is under a section of the British Nationality Act that allows
discretionary registration of minors, and a policy change in early
2000 means that children of unmarried British fathers can be
registered as British citizens, if application is made before age 18.

The following press release was made in Australia at the time, but
doesn't just apply to Australia born children.
http://www.uk.emb.gov.au/CURRENT_AFFAIRS/bisa/news_releases/2000/citizen_rules_42000.htm

There's no reason why the new policy should not apply to a UK born
child, although there is a technical possibility that it could render
a UK born child British by descent in certain circumstances.

However, this registration process is only necessary if neither 1
*nor* 2 apply above.  In that case, just apply to the British High
Commission in Wellington for a UK passport for the child, outlining
your circumstances.


Two further points that relate to your wife & daughter, as you seem
now to be in New Zealand:

1.  Since 1 July 2001, Sweden has allowed dual citizenship without
restriction.  So your wife and daughter can become New Zealand
citizens and keep their Swedish citizenship.
http://www.embassyofsweden.org.au/pages/consular/dual_nationality.htm

Britain and NZ have allowed dual and multiple nationality since 1949,
so there's no reason why your daughter can't have British, Swedish and
NZ citizenship.

2.  Despite Sweden's law being changed to permit dual nationality, as
your daughter was born outside Sweden she will probably need to apply
to retain her Swedish citizenship before age 22.  You should find out
what's necessary to do this from the Swedish authorities, and keep in
touch with developments in Sweden over the years.
http://www.embassyofsweden.org.au/pages/consular/retain.htm

There's a lot in this post, but I hope it helps.  Nationality law is
complex :)

I've cross-posted to misc.immigration.misc as any UK or Sweden related
nationality questions should be posted there.

Jeremy



This is not intended to be legal advice in any jurisdiction