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Family based Immigration shopping
Rights of a child born to non-nationals:
AUSTRALIA
A child acquires Australian citizenship if one of the parents is either an Australia citizen or a permanent resident. A child born to parents illegally in the country has no claim to citizenship and may be removed with the parent/s in accordance with normal removal procedures.
A Spouse Temporary Visa is issued to a spouse of an Australian citizen/resident. Required conditions for acquiring this visa include minimum 12 months spouse relationship and the proof of a genuine
relationship. No preferential provision for the spouses of Australian citizen/residents for acquiring citizenship.
UK
Prior to 1 January 1983, almost every child born in the United Kingdom was a citizen of the United Kingdom and Colonies. Under the British Nationality Act 1981, a child born in the United Kingdom on or after 1 January 1983 will be a British citizen if either the father or the mother is a British citizen or is legally settled in the UK.
If neither parent is a British citizen or legally settled in the UK the child will not be a British citizen at birth.
A Settlement Visa is available for non-UK national marrying a British citizen or a person with permanent residency in the UK. The visa is valid for one year and candidates are usually interviewed. If the marriage is subsisting at the end of that year, then an application can be made to the Home Office for permanent residency. An application for British citizenship can be made after having been in the UK for three years if married to a British citizen (or five years if married to a non-British citizen).
USA
A child born in the US is entitled to US citizenship. The parents do not get citizenship unless they have some legal basis for obtaining legal permanent resident status/otherwise meet the naturalisation eligibility requirements. The parents can take the child with them when they leave the country or arrange for someone to take care of the child in the US21 given conditional permanent residence status based on marriage. The condition can be removed when re-interviewed two years later to make sure that the marriage is valid. The US offers naturalisation to spouses of US citizens three, rather than the more typical five, years after admission as a permanent resident. The US has marriage fraud provisions that help deter marriages made solely for immigration purposes.
NEW ZEALAND
Visitor visa can be issued to fianc#233;e/ fianc#233; of a New Zealand citizen and resident. If foreign nationals are married to a New Zealand citizen or resident, a New Zealand spouse can apply for a permanent visa provided that his/her foreign spouse meets "do-i-need-a-medical-certificat"health and character requirements. New Zealand citizens and residents who have sponsored two or more spouses, have applied for spouse sponsoring within the last 5 years, or have a record of domestic violence are not eligible to apply for visa for spouses. After two years residency, the spouse is eligible for NZ citizenship.
FRANCE
A child born in France to foreign parents automatically becomes a
French national at the age of majority (18). If a child is over 13, he/she can also attain citizenship with the parent's consent. If over 16, a request can be made for nationality. A third generation immigrant born in France is automatically entitled to French nationality. Resident permit is given to foreigners married for at least one year rather than the usually 3 years to a French national, provided that the marriage is still subsisting, and that the spouse has maintained French nationality. An undocumented foreigner marrying a French national can not acquire French citizenship.
Foreign spouse may acquire naturalisation papers after two years. Within a year, the authority has the right to oppose the naturalisation process. France maintains strict measures against marriage of convenience.
GERMANY
If one parent has been a legal resident in Germany for at least 8 years permanently and has a permanent resident permit, children acquire German citizenship at the parent's request.
Aliens fulfilling the following requirements can be naturalised on request with the requirement of legal permanent residence for at least eight years.
DENMARK
A child of non -Denmark citizen will not receive nationality at birth. Since 1999, young foreigners aged 18-23 with minimum 10 years of residence in Denmark (5 years within the last 6 years) can request naturalisation.While seven years consecutive residency is required for a foreigner applying for naturalisation, a foreign spouse married to a Danish citizen can do so after 4-6 years of residence (depending on the length of marriage). Renunciation of previous nationality is required. More relaxed provisions for Nordic, or EU citizens are available.
SWEDEN
A child born to non-Swedish parents... Five consecutive years of residency for a does not acquire nationality at birth. It is accessible by making a declaration when a child is between 21-23 years old... foreigner, but exception can be made for applicants marrying to Swedish citizen. More relaxed provisions for a Nordic or EU citizen.
Previous citizenship will be lost.
SPAIN
Spain does not grant Spanish citizenship to a child born to non-
Spanish citizens. A child can gain citizenship during the age of 18-20 by declaration. Residence requirement is a minimum of 1 year.
A third generation foreigner is granted citizenship if one of the parents also is born in Spain. A spouse of a Spanish national can acquire Spanish nationality after a one-year preferential period. In order to avoid marriage of convenience, applicants are requested to prove the authenticity of the marriage (no de facto/de juri separation).
GREECE
No entitlement to nationality on birth. When a child reaches 18, he/she can apply for naturalisation. The requirement that the applicant must lodge their naturalisation application 5 years prior does not apply to a Greece-born child. Naturalisation is not a right, but based on discretion. There is a relaxed naturalisation requirement for spouses.
ITALY
With continuous residence since birth, a child can apply for Italian
citizenship at the age of 21. Since 1992, spouses married to an Italian no longer receive automatic citizenship, however the spouse is entitled to apply for citizenship after six months residency in Italy, or three years of marriage. |