I have a dual citizenship, South African and Polish, but I live in the UK now.
I know that my children will be automatically citizens of Britain, as my friends already had children, but will my children also be entitled to either of the other nationalities, giving them instant triple nationalities?
You children will automatically be citizens of Poland:
A minor acquires Polish citizenship by birth if
- at least one of his/her parents is a Polish citizen;
- he/she was born in the territory of the Republic of Poland, and his/her parents are unknown, hold no citizenship or their citizenship is undefined.
Your children will need to apply to become citizens of South Arfica:
if you were born outside of South Africa to a South African citizen(s) or were adopted by a South African citizen in terms of the Children’s Act, 2005 and your birth was registered in accordance with the births and Deaths Registration Act,1992, you can apply for citizenship
You sound confident that your children will be citizens of Britain, but this is generally not the case. Being born in the UK is not sufficient to be guaranteed citizenship. Details can be found at: https://contact-ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/.
So in summary it seems like you children will be automatically citizens of 1 country (Poland) and eligible for citizenship for a end country (South Africa). Depending on the other parents status or at some future date or the child may be eligible for triple citizenship.
by discretions, Section 1(3) can be overruled.
– Piotr Kula
Mar 13 '14 at 13:51
The third link provided by StrongBad is not directly relevant here. That page does not explain the criteria that determine whether a child is a UK citizen at birth. Rather, it explains how a child who is not a UK citizen at birth can register for citizenship at a later date.
Here's the short version: if you have lived in the UK for five years, your child will be a UK citizen at birth.
Here's the long version:
A child born in the United Kingdom will hold UK citizenship at birth if at least one parent is a British citizen or is "settled" in the UK - that is, holds Indefinite Leave to Remain or permanent residence.
As an EEA national (Poland), you have the advantage of avoiding the lengthy and expensive process of applying for Indefinite Leave to Remain. Instead, you gain permanent resident status when you have "exercised your treaty rights" (lived and worked) in the UK for five years. This happens automatically. You do not have to apply or take any other action.
When you have gained permanent residence you may choose to obtain a permanent residence card. This is not obligatory. Getting the card or not getting the card does not affect your status. The card provides proof of your permanent residence status. If you have a permanent residence card dated before your child's birth, the Passport Office will accept the permanent residence card (together with your child's birth certificate) as proof of your child's citizenship.
You haven't said anything about the other parent, but obviously if they're also an EEA national this all applies to them too. If either of you qualify as settled in the UK, your child will be a UK citizen at birth. If neither of you qualify as settled, your child will not be a citizen at birth.
If your child is not a UK citizen at birth but you or the other parent later becomes "settled" (or acquires citizenship) in the UK, the child can then register for UK citizenship under section 1(3) of the British Nationality Act 1981.
(I am not an immigration lawyer. I am, however, a UK dual-national parent of a UK triple-national child.)
According to Wikipedia, there shouldn't be a problem with Poland, however they would need a special permission to maintain their South African citizenship while holding another.
In any case you would most probably still need to register your children at the respective embassy.
