Having a child abroad.....be aware..they may be stateless..

saucytrini

can u handle me?
this thread was pretty good..
it's nice to have a proper discussion sometimes..especially when it's also informative/eye opening.....



AUSTRIA
Dual Citizenship
Austrian Foreign Ministry -> Embassy -> Canberra -> Dual Citizenship
In general, the Austrian Citizenship Act does not allow dual citizenship except for persons who obtain more than one citizenship at the time of birth (e.g. a child born to an Austrian parent permanently resident in Australia acquires both Austrian and Australian citizenships at birth – for more information see "Citizenship").

Thus, if an Austrian citizen aquires a foreign nationality by application, he/she automatically loses Austrian citizenship. The only exceptions are stated in section 28 of the Austrian Nationality Act.

A person shall be permitted to maintain Austrian citizenship

* if retention is in the interest of the Republic of Austria, or
* for significant personal reasons (the law does not specify these reasons but, generally speaking, it would have to be an extremely adverse effect for the citizens private and family life, that could result from not taking up the foreign nationality or the loss of the Austrian citizenship).

Only Austrians by birth may make use of this legal provision.

The competent Austrian authority to decide the granting of dual citizenship is the "Amt der Landesregierung" (provincial government) of the province in Austria where the applicant was born or (after 1965) where the mother of the applicant was residing at the time of the birth of the applicant.
If the applicant was born abroad, the Provincial Government of Vienna (Amt der Wiener Landesregierung) will process the application.
 

saucytrini

can u handle me?
TRINIDAD & TOBAGO
UNHCR | Refworld | Citizenship Act of the Republic of Trinidad and Tobago

Part I - ACQUISITION OF CITIZENSHIP

5 - Citizenship by descent
(1)The Minister shall cause a child born outside of Trinidad and Tobago of a citizen of Trinidad and Tobago by descent to be granted a certificate of citizenship of Trinidad and Tobago upon receipt of the prescribed application made -

(a)by the responsible parent or the guardian of such child before the child attains full age; or

(b)by the child within one year of his attaining his majority according to the law of the country of which he is a citizen or on his attaining full age.

(2)A person to whom a certificate of citizenship of Trinidad and Tobago is granted under subsection (1) is a citizen of Trinidad and Tobago by descent for all the purposes of the law relating to citizenship save that nothing in subsection (1) applies to a child of a person who became a citizen of Trinidad and Tobago by reason of that subsection.



9 - Marriage to citizen of Trinidad and Tobago
(3)Any woman who at the date of commencement of his Act is married to, or who after that date marries, a person who is or becomes a citizen of Trinidad and Tobago shall be entitled, upon making the prescribed application and upon taking the oath of allegiance, to be registered as a citizen of Trinidad and Tobago.

(4)A person who is a citizen of a country other than Trinidad and Tobago shall not be entitled to be registered as a citizen of Trinidad and Tobago under subsection (1), (2) or (3) unless he renounces his citizenship of that other country and registers the prescribed declaration of his intention concerning residence or employment.

10 - Acquisition of citizenship by a husband of a citizen
Without prejudice to the operation of sections 7 and 12, the husband of a citizen is entitled upon making the prescribed application and upon taking the oath of allegiance, to be registered as a citizen of Trinidad and Tobago if he satisfies the requirements of section 7 or 12, as the case may be (other than as to residence) and -

(a)in the case of a person to whom section 7 applies, he has either resided in Trinidad and Tobago or has been in the service of the Government, or has had partly such residence and partly such service throughout the period of five years immediately preceding the date of his application;

(b)in the case of a person to whom section 12 applies, he has resided in Trinidad and Tobago throughout the period of seven years immediately preceding the date of his application.


11 - Dual citizenship
(1)A citizen of Trinidad and Tobago shall cease to be such a citizen if he acquires the citizenship of another country by voluntary act other than marriage.

(2)A citizen of Trinidad and Tobago by birth or descent who ceases to be a citizen by reason of the voluntary acquisition of the citizenship of another country, to be granted a certificate of citizenship where that person makes the prescribed application, satisfies the Minister -

(a)that he is of good character;

(b)that he has adequate knowledge of the English language and of the duties of a citizen of Trinidad and Tobago, renounces the citizenship of that other country and takes the oath of allegiance.

(3)Any person who ceases to be a citizen of Trinidad and Tobago under the former Constitution by reason of his failure to renounce his citizenship of another country shall, if the citizenship of that other country was acquired involuntarily or by marriage, be deemed not to have ceased to be a citizen by reason of such failure; and, unless he has since acquired citizenship of a foreign country by voluntary act other than marriage, or he has otherwise lost his citizenship under section 14, he shall continue to be a citizen under this Act.

12 - Naturalisation
(1)The Minister may grant a certificate of naturalisation to any alien of full age and capacity who makes the prescribed application therefor and satisfies the Minister -

(a)that he has the qualifications specified in section 7(1)(a) and (b);

(b)that he has resided in Trinidad and Tobago throughout the period of twelve months immediately preceding the date of his application;

(c)that during the seven years immediately preceding the said period of twelve months he has resided in Trinidad and Tobago or has had service under the Government, or has had partly such residence and partly such service, for periods amounting in the aggregate to not less than five years;

(2)The Minister may, in such cases as he thinks fit -

(a)allow a continuous period of twelve months ending not later than six months before the date of the application to be reckoned for the purpose of sub-section (1)(b) as if it had immediately preceded that date; and

(b)allow periods of residence or of service earlier than the seven years preceding the date of the application to be reckoned in computing the aggregate period mentioned in subsection (1)(c).

(3)An alien shall not be granted a certificate under this section unless he first renounces the citizenship of any other country which he may possess and takes the oath of allegiance.
 

saucytrini

can u handle me?
JAMAICA

# Jamaica recognizes the concept of Dual Citizenship.

# A person who was born outside of Jamaica before August 6, 1962 and whose father or mother would have become a citizen of Jamaica on August 6, 1962 automatically became a Jamaican citizen. See Section 3A of the Jamaican Constitution.

# A person who is married to a Jamaican citizen is entitled to be registered as a Jamaican citizen, regardless of his prior citizenship. See Sections 4 and 7 of the Jamaican Constitution.

# Every person born in Jamaica after August 5, 1962 is entitled to Jamaican citizenship, regardless of whether he/she is entitled to the citizenship of any other country. See Section 5 of the Jamaican Constitution.

# A person born outside of Jamaica after August 5, 1962 is entitled to Jamaican citizenship if his father or mother was born in Jamaica. See Section 6 of the Jamaican Constitution.

# The Governor General has a power to deprive a Jamaican of his Jamaican citizenship if (a) citizenship was acquired other than by birth; or (b) if a Jamaican citizen exercises a right of citizenship in a foreign country exclusively reserved for citizens of that country. See Section 8 of the Jamaican Constitution####

# There is nothing automatic about the deprivation of Jamaican citizenship by the Governor General. It may only be exercised in extreme circumstances. Parliament has a power to pass legislation to deprive a person of Jamaican citizenship (OTHER THAN A PERSON BORN IN JAMAICA). See Section 11 of the Constitution.

# The mere fact that a Jamaican citizen becomes a naturalized U.S. Citizen does not automatically affect his Jamaican citizenship.

# Such a person could only lose his Jamaican citizenship if (a) he was not born in Jamaica and (b) if the Governor General deprives him/her of that citizenship pursuant to Section 8 of the Constitution.

# A Jamaican citizen who renounces his Jamaican citizenship at the time of naturalization as a U.S. Citizen does not automatically lose his Jamaican citizenship. This is so because by Jamaican law a Jamaican citizen can only lose his Jamaican citizenship if the Governor General deprives him/her of that citizenship.

# Under the US Law, an alien is required to renounce his/her former citizenship at the time of naturalization. This renunciation does not automatically take away from a Jamaican citizen his citizenship of Jamaica
 

jamaicangirl

Boonoonoonoos
Well is their tail to ketch oui! and they are ketching it now. One may not know every law in a land when one is moving there, but one has normally 9 months to find these things out when one is pregnant. Having moved to different countries and been pregnant in foreign lands before, I really shake my head at people who do not inform themselves about such matters...as we are reading it can be really heavy stuff.

And trust me, this is just the tip of the iceberg...in my life and circle there are so many cases of what to do with these said children when there is a divorce and or separation. Dais opening up a whole new can of worms oui!You doh wanna hear some of these nightmare stories I´ve know!
Personally, I would like to hear a few stories....
 

Taj

Loyalty to Loyalty
yep this is interesting. I knew someone like this. All through HS I never realized she was stateless and had to apply for a visa to return to school every term. Her parents were Haitian but she was born in a central american country (forgot which one) then they settled in TnT. Country of birth refused her citizenship finally they got the necessary & documents and Haiti gave her citizenship then she was able to go to a US uni etc. Her life was on hold for a while.
 

jamaicangirl

Boonoonoonoos
I think that she is just making a statement that she doesn't need the US and US citizenship isn't all that. I have seen it the Jamaicans news a few times when someone does it.

Also, the US may require her to pay taxes even though she doesn't live here. I am not sure of the law, but there could be financial reasons for her to do it.

Personally, I am trying to collect as many citizenships as I can....
 

Poca

Registered User
Along side the possible citizenship issue, people who move abroad for love or other reasons and end up having a child there should keep in mind that if the situation doesn't work out they might be forced to remain in the country if the child's other parent does not give permission to travel or has custody / visitation right. I know a woman who is living that now. She moved to Iceland with her BF, settled there have kids and all. Kid is 3 yrs old, relationship went sour, she would like to come back but father says, no way Jose. He wants to fully be part of his kid's life. So in Iceland she stays.
 

TC

Steuuuupssss!
Along side the possible citizenship issue, people who move abroad for love or other reasons and end up having a child there should keep in mind that if the situation doesn't work out they might be forced to remain in the country if the child's other parent does not give permission to travel or has custody / visitation right. I know a woman who is living that now. She moved to Iceland with her BF, settled there have kids and all. Kid is 3 yrs old, relationship went sour, she would like to come back but father says, no way Jose. He wants to fully be part of his kid's life. So in Iceland she stays.
Yep! In plenty parts of Europe it's like that. It happened in my own household, and then to my best friend. She wants to go home to live bad bad bad, but because the child's father says the child is not leaving, in Europe she stays for the sake if living with her child.
 
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