Visas needed for kids in Germany when parents have EU citizenship and kids don't?

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Hello,

 

my wife and I have passports/citizenship from Europe (British, Polish) but our kids do not (both Canadian, born 2013 and 2016). We are planning to move to Germany and ideally stay beyond the 90 days. Is there some designation whereby young kids are exempt from any visa requirements based on parental citizenship? Or will both of them need a visa / extension to stay beyond the 90 days?

 

Thanks kindly for any pointers.

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You need to clarify a few things.

 

Where are you currently living?  It is not helpful to set your location to "Berlin" if you are not living there

 

How come your children don't have your citizenship(s)? 

      It is unusual that children born to UK citizens don't get UK citizenship automatically.  And my understanding is that is also true for Polish citizenship. (Don't confuse not having a passport with not having citizenship.   You don't need  a passport to be a citizen of a country!).

      Even if adopted you can apply for citizenship for them according to your nationality 

 

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I don't know the answer to the OP's question and dj_jay_smiths point about citizenship and passports not being the same is quite valid, but there are some reasons why the child of a UK citizen might not be a citizen themselves.

 

Quote

British citizenship is normally automatically passed down one generation to children born outside the UK.

For example, you might automatically become a citizen if you’re born outside the UK to a British parent. But your children will not automatically be citizens if they’re born outside the UK.

REF:  https://www.gov.uk/apply-citizenship-british-parent

 

Still I would suggest that the OP apply for an EU citizenship for the kids of they can as that will certainly be the 'cleanest' solution to any visa worries.

 

 

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@dj_jay_smith: thank you for the reply and pardon the confusion. We are in Canada (profile updated, thank you). They are eligible for Polish citizenship, but as @pappnase points out British citizenship is far from being clear cut and they may not be eligible. 

 

As you both point out, we'll probably have to apply for Polish as the UK application is too expensive for us at the moment (£1012). 

 

For any future searchers - I contacted the local German consulate and they confirmed that children do not have any special rights / exemptions, quoting:

 

"Your Canadian children, however, only can stay for a maximum of 90 days within a given six month period."

 

Thank you again for your help, guys.

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15 hours ago, ayranallday said:

We are planning to move to Germany and ideally stay beyond the 90 days.

 

 

1 hour ago, ayranallday said:

the UK application is too expensive for us at the moment (£1012). 

 

Do you already have a job lined up in Germany?  If not, you really need to make sure you can afford to make the move. The application fee is nothing compared to the costs of moving a family of 4 to Germany. 

 

 

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14 hours ago, ayranallday said:

@dj_jay_smith: thank you for the reply and pardon the confusion. We are in Canada (profile updated, thank you). They are eligible for Polish citizenship, but as @pappnase points out British citizenship is far from being clear cut and they may not be eligible. 

 

As you both point out, we'll probably have to apply for Polish as the UK application is too expensive for us at the moment (£1012). 

 

For any future searchers - I contacted the local German consulate and they confirmed that children do not have any special rights / exemptions, quoting:

 

"Your Canadian children, however, only can stay for a maximum of 90 days within a given six month period."

 

 

 

Thank you again for your help, guys.

 

The UK citizenship cost you quote is only for those who wish to be naturalised.  This is not the case for your kids (and besides can only be done if you are living in the UK!).

 

I will make assumptions below, so please correct if they are not correct and this will help to narrow down your situation.  (You are asking specific questions but not giving out full information, which makes it difficult to help you!).

 

You (male) are British.

Your wife is Polish.

The Kids were both born in Canada and you are both the biological parents.

 

If you were born in the UK and your parents were UK citizens at the time of your birth or later became UK citizens (I believe) or you lived until at least age 10 in the UK then you are "full British" and according to current rules you automatically pass your citizenship on to your kids (no matter where they are born).  

 

This means that they have UK citizenship already!  You don't need to apply for anything or even register the births!  You don't need to pay anything!

(Your kids however will not be able to pass their UK citizenship onto their kids, unless their kids are born in the UK!)

 

My understanding of Polish citizenship is that they also automatically get this from their mother no matter where they are born (I don't know details, but I believe that they can also pass this onto their kids without any issues).

 

 

So your kids have UK, Polish, and Canadian citizenship.

 

 

The "only" thing you really need to do is apply for passports for them.  This will then prove to anybody beyond a doubt that they have said citizenship and make life easier for you when you come to Germany and when travelling to/from/within EU.

 

Obviously with Brexit then it makes sense to apply for Polish passports first.  You could then apply for UK passports later if you wish. This could make their life easier later, if for example they decide to live or study in the UK for a while later in life.

 

 

 

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@dj_jay_smith: thank you again for your time. Things are a little more complicated tho - I am the Polish one and my wife is the British one. But to complicate matters, she was not born in the UK but South Africa, to British parents. My understanding is that she cannot pass on that citizenship. That leaves my citizenship which I understand I can pass on.

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11 hours ago, ayranallday said:

@dj_jay_smith: thank you again for your time. Things are a little more complicated tho - I am the Polish one and my wife is the British one. But to complicate matters, she was not born in the UK but South Africa, to British parents. My understanding is that she cannot pass on that citizenship. That leaves my citizenship which I understand I can pass on.

 

Yes you are right in this case.  Then your wife is "British by descent" and this cannot be passed onto her children (unless they are born in the UK!).

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AFAIK from Polish friends, your children are automatically Polish citizens, but might require proof. Maybe your polish passport and their birth certificates could be used to prove this at an EU border, maybe with an accompanying email/letter from the Polish state. But, once in Germany, a passport for them would help with setting them up I think. Maybe this can be done at the embassy in Berlin (check with them), but I think it would be easiest directly in Canada... I'm surprised you haven't done it.

 

For British citizenship, if the mother lived in the UK for three years, your kids can generally register as British citizens, but you're right about the insane fee: https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

 

Good luck!

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