My wife an I are bulgarian citizens, resident in the UK for a long time.
We expect our second child to be born in May 2019, so possibly after Brexit.
Will that child bei able to claim both the UK and the bulgarian (thus EU) citizenship?
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Because the terms of the UK's withdrawal from the EU are not yet fixed, how the UK will treat UK-resident EU citizens (and their children) post-Brexit — if Brexit actually occurs — is not yet known. Thus, your question is not currently answerable. People can guess, but there is at this point no certainty.– DavidRecallsMonicaCommented Dec 8, 2018 at 19:21
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Well, the question could be answered in the basis of assuming any other non-EU country today. The question would be if, under what circumstances and until when Bulgaria would grant citizenship to that child, for example.– TorstenSCommented Dec 8, 2018 at 19:26
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Yes, one could answer about current Bulgaria nationality law, just as one could answer about current UK nationality law. But the UK response is likely to change after (if) Brexit, and it's also possible that Bulgarian nationality law might change as well, in response to EU action or any UK action (or inaction). That's a great many "ifs."– DavidRecallsMonicaCommented Dec 8, 2018 at 19:36
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@David Bulgaria grants citizenship to children of its citizens regardless of the place of birth. Brexit is not going to change that. The only question is whether the child will have British citizenship, which depends on the parents' status, which hasn't been mentioned here, but as EU citizens "resident in the UK for a long time" there is a good chance that they have either ILR or permanent residence under EU law, which will become settled status after Brexit. In that case, the child will be a citizen of the UK unless the settled status plans -- which are already law -- are changed.– phoogCommented Dec 9, 2018 at 6:50
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@phoog I agree that it's likely the child will be a UK citizen. But until the present Brexit convulsion abates, it's not for sure.– DavidRecallsMonicaCommented Dec 9, 2018 at 15:05
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1 Answer
Will that child bei able to claim both the UK and the bulgarian (thus EU) citizenship?
Bulgarian nationality law provides that the child of a Bulgarian citizen is also a Bulgarian citizen regardless of the place of birth, so the only question is whether the child will have UK citizenship.
Your child will have UK citizenship if the child is born in the UK and you or your wife have one of the following when the child is born:
- indefinite leave to remain under the immigration rules
- permanent residence under EU freedom of movement
- settled status under the immigration rules that will replace EU permanent residence after the UK leaves the EU
If the birth occurs outside of the UK then the child will be a British citizen only if one of you naturalizes before the birth.
