Reply to: Kid wasn't at school today

[lilelvis2000]

But if the UK decided to deport you, and you fled to a neighbouring country, who were prepared to grant residency, would the UK demand your return so they could deport you? I doubt it.

I think various countries in Europe are bound by this Dublin II agreement. So it is entirely possible.

Not sure what the authorities in the UK would do. But if at least one parent is a citizen then the family could not be deported due to the HRA.

I feel for the girl really, she has to now live in a tulip country which she has never known and she may not speak the language. Luckily she can return to Germany any time.

[Mich the Tester]

Regeln sind Regeln

At the operational level that's true in Deutschland, but happily they have judges, who can throw a spanner in the works of any jobsworth department.

[cojak]

Regeln sind Regeln

[Mich the Tester]

I was wondering about that. When I was in Holland the authorities didn't want to let the wife of a Bob stay, but there was a Dutch law saying that one spouse couldn't be denied residency if the other spouse was there legally (this Bob was there on a proper salary, company car etc).

The Dutch immigration people are a bunch of R Soles, as are the politicians who spew out anti-immigrant bulltulip by the bucketload. Luckily NL has a constitution that's very difficult to change, and judges, who tend to be more worldly and educated than your average Telegraaf reading six toed mouth breather.

[Sysman]

Yep, but they have agreements with the EU on immigration and trade which can mean that they're forced to comply.

What is known as the Bilateral Accord allows the Swiss to work in the EU and EU citizens to work in Switzerland (I think EFTA countries, e.g. Norway which isn't in the EU, are included), and as you point out there are other obligations which need to be complied with.

Actually, seeing as the kid's German, the German immigration people will probably face some problems when they try to get this past a German judge.

I was wondering about that. When I was in Holland the authorities didn't want to let the wife of a Bob stay, but there was a Dutch law saying that one spouse couldn't be denied residency if the other spouse was there legally (this Bob was there on a proper salary, company car etc).

[stek]

Right - I've re-re-read!

NAT's kid is 13, we can assume the kid in question is 13, so born in Germany BEFORE 2000, so this must have happened;

German-born children

Under transitional arrangements in the 1999 reforms (effective 1 January 2000), children who were born in Germany in 1990 or later, and would have been German had the law change been in force at the time, were entitled to be naturalised as German citizens.

1. An application for naturalisation was required by 31 December 2000.

2. The child was required to apply for retention of German citizenship by age 23 and normally show that no other foreign citizenship was held at that time.

But still begs the question as to why the parents didn't naturalise....

refugees and stateless persons may be able to apply after 6 years residence

[Mich the Tester]

Good point - I've re-read!

In that case one of the parents must have had/still have a German residence permit so was present in Germany legally. Begs the question as to why that parent or both parents didn't become German citizens at the time to avoid all this mess?

Don't know, but if she's German then the German authorities will struggle to deport her when a German court gets involved.

[stek]

OP says she is a German citizen.

Good point - I've re-read!

In that case one of the parents must have had/still have a German residence permit so was present in Germany legally. Begs the question as to why that parent or both parents didn't become German citizens at the time to avoid all this mess?

[StopTheEarthIwantToGetOff]

As I understand it, the kid isn't German, as Germany follows 'jus sanguinis' - nationality is conferred by parentage not place of birth;



So unless there some other info we don't have (or I've not read the thread properly) the kid can't be German.

Bummer (Well researched BTW).

[Mich the Tester]

As I understand it, the kid isn't German, as Germany follows 'jus sanguinis' - nationality is conferred by parentage not place of birth;



So unless there some other info we don't have (or I've not read the thread properly) the kid can't be German.

OP says she is a German citizen.

[stek]

Yep, but they have agreements with the EU on immigration and trade which can mean that they're forced to comply.

Actually, seeing as the kid's German, the German immigration people will probably face some problems when they try to get this past a German judge.

As I understand it, the kid isn't German, as Germany follows 'jus sanguinis' - nationality is conferred by parentage not place of birth;

Children born on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent:

1. Has a permanent residence permit (and has had this status for at least three years); and

2. Has been residing in Germany for at least eight years.

So unless there some other info we don't have (or I've not read the thread properly) the kid can't be German.

[Mich the Tester]

From what I have seen of german efficiency, I woudn't either. However the most likely scenario is the Swiss authorities doing checks on the family and thus alerting the German authorities. It sucks, but at least their daughter can move freely around the EU when she is older, which is a big bonus.

More likely is that among the Swiss authorities there was one slithering little invertebrate jobsworth who decided to send an email to the German authorities instead of keeping his gob shut and letting his colleagues get on with it.

That's the reality of anti-this or anti-that legislation; you give power to amoral jobsworths.

[Mich the Tester]

Switzerland isn't part of the EU, their status in CH has nothing to do with their status in DE/EU.

Yep, but they have agreements with the EU on immigration and trade which can mean that they're forced to comply.

Actually, seeing as the kid's German, the German immigration people will probably face some problems when they try to get this past a German judge.

[StopTheEarthIwantToGetOff]

From what I have seen of german efficiency, I woudn't either. However the most likely scenario is the Swiss authorities doing checks on the family and thus alerting the German authorities. It sucks, but at least their daughter can move freely around the EU when she is older, which is a big bonus.

[stek]

I did read the story. Do you really think that the German authorities were searching throughout the entire EU looking for this one family OR more likely the Swiss authorities contacted the German authorities and realised that the family involved were not legally entitled to stay in Germany and thus also not legally entitled to stay in Switzerland.

Hence deportation.

HTH

Switzerland isn't part of the EU, their status in CH has nothing to do with their status in DE/EU.