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Old 18.05.2018, 13:00
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Status of Children when parents marry

Hi,
I am tring to find out if my kids are eligable for British Citizenship.
This is what the form says "If your parents married after your birth you may already
be a British citizen
.
This will depend on which country ’s laws applied to your father at the time of the marriage. Some countries’ laws–including the UK-state that where a child’s parents marry after the child’s birth, the child will be treated as if the parents hadbeen married at the time of the birth.
"

Does anyone know if this applies in Switzerland?
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Old 18.05.2018, 13:07
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Re: Status of Children when parents marry

Quote:
1. Swiss citizenship by birth
Swiss citizenship is acquired automatically by birth by:

1.1. a child whose parents are married and whose father or mother is a Swiss citizen;

1.2. a child of a Swiss mother who is not married to the father;

1.3. a foreign minor child whose Swiss father is not married to the foreign mother, provided that the father acknowledged paternity of the child before the latter attained the age of majority (and thus established a full parent-child relationship that can be entered in the Swiss registers of births, marriage and death) or if there is a paternity judgement. The child acquires Swiss citizenship retroactively to the date of his or her birth.

This only applies to children who were born after 1 January 2006. Children born before this date qualify for simplified naturalisation (see par. 2.1 below);

1.4. the foreign minor child of a Swiss father who marries the mother after the child's birth. This also applies to children who were born before the entry into force of the revised Swiss Citizenship Act on 1 January 2006 and whose parents married or marry after this date.

The revised Swiss Citizenship Act no longer differentiates between "Swiss female citizens by birth, adoption and naturalisation" and "Swiss female citizens by marriage". With the repeal of the special provision for children of Swiss mothers who acquired Swiss citizenship by marriage to a Swiss man, these children now automatically become Swiss citizens by birth.
https://www.eda.admin.ch/dam/eda/en/...weizern_en.pdf

Is at least one of the parents Swiss (at the time of birth)
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Old 18.05.2018, 13:26
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Re: Status of Children when parents marry

Thanks for your reply but I want to know if the following is the case in Switzerland

"if child’s parents marry after the child’s birth, the child will be treated as if the parents had been married at the time of the birth."


In which case I can pass on my British Nationality. The children are already Swiss.
But to answer your question the mother is Swiss.
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Old 18.05.2018, 13:35
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Re: Status of Children when parents marry

Not a matter of Switzerland. Check the UK regulation
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Old 18.05.2018, 13:43
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Re: Status of Children when parents marry

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Thanks for your reply but I want to know if the following is the case in Switzerland

"if child’s parents marry after the child’s birth, the child will be treated as if the parents had been married at the time of the birth."
A bit more context would be nice.

Looks like your question is relevant in case your child was born between 1 January 1st 1983 and July 1st 2006
https://assets.publishing.service.go..._sept_2015.pdf
and
https://www.gov.uk/government/public...tizen-form-ukf
(At actual quoted text can be found on page 5 of the guide)
But as you see the path is just different. In one case you must apply in the other you are already British by law.

I am not aware that Swiss law would back date the marriage in respect of the child birth. How can I proof it? Hmm, how about pointing you to the Swiss Civil Code
https://www.admin.ch/opc/en/classifi...042/index.html
and the Civil Status Ordinance
https://www.admin.ch/opc/de/classifi...234/index.html
I cannot link to a specific article as such a clause simply does not exists. Date of marriage is date of marriage.
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Old 18.05.2018, 15:07
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Re: Status of Children when parents marry

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Thanks for your reply but I want to know if the following is the case in Switzerland

"if child’s parents marry after the child’s birth, the child will be treated as if the parents had been married at the time of the birth."
In this case, and I know of several, the child will receive the father's surname, but that's it.

In once case I know, they married when their daughter was in her 30s, and she had to fight NOT to change her name, which took time and money.

Tom
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Old 18.05.2018, 15:10
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Re: Status of Children when parents marry

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Thanks for your reply but I want to know if the following is the case in Switzerland

"if child’s parents marry after the child’s birth, the child will be treated as if the parents had been married at the time of the birth."


In which case I can pass on my British Nationality. The children are already Swiss.
But to answer your question the mother is Swiss.
How exactly are the Swiss involved in your kid getting a British nationality?
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Old 18.05.2018, 16:07
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Re: Status of Children when parents marry

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How exactly are the Swiss involved in your kid getting a British nationality?


And why would you want to do that if they are already Swiss and therefore have the finest of all nationalities?
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  #9  
Old 18.05.2018, 16:13
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Re: Status of Children when parents marry

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And why would you want to do that if they are already Swiss and therefore have the finest of all nationalities?
Maybe it is beneficial to have a EU nationality.

oh wait.....
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Old 18.05.2018, 16:30
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Re: Status of Children when parents marry

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Maybe it is beneficial to have a EU nationality.

oh wait.....
Exactly
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