Times: The baby born one day too soon for a British passport
pfeiff...@yahoo.fr
July 12, 2006
The baby born one day too soon for a British passport
By Helen Nugent
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."
P Pron
The article is wrong is saying that the parents would have to marry in order
for the child to get British citizenship - the Home Office will register him
as a British citizen, if they apply for it.
I'm more interested in the case of the child who was born on 1 July, and why
she *isn't* a British citizen....
paul
Ulf Kutzner
> The article is wrong is saying that the parents would have to marry in order
> for the child to get British citizenship - the Home Office will register him
> as a British citizen, if they apply for it.
Are the fees to be paid? How much?
Regards, ULF
P Pron
£200
JAJ
GBP200. However the real problem is that the Home Office appears to
have a problem with telling people that this option is available.
JAJ
>The Times
>July 12, 2006
>
>The baby born one day too soon for a British passport
>By Helen Nugent
>
>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.
Of course children born to "foreign" parents are British if the parent
is a UK permanent resident.
>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.
That doesn't sound right either. Italian citizenship is based on the
principle of descent and children born to Italian parents are normally
Italian automatically.
http://en.wikipedia.org/wiki/Italian_nationality_law
JAJ
>|| 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,,2-2265644,00.html
>
>The article is wrong is saying that the parents would have to marry in order
>for the child to get British citizenship - the Home Office will register him
>as a British citizen, if they apply for it.
>
>I'm more interested in the case of the child who was born on 1 July, and why
>she *isn't* a British citizen....
>
>paul
>
Maybe the father was born in the Republic of Ireland and the Passport
Office don't understand what "settled" in the UK really means?