ROI citizens giving birth in NI

FURET

I just saw this on Wikipedia:

British born children of Irish citizens
Before 1983, anyone born in the UK other than the child of a diplomat was automatically British by birth.

From 1 January 1983 an additional requirement was put in place that one parent must be a British citizen or 'settled' in the United Kingdom. Irish citizens are automatically deemed to be "settled" in the United Kingdom.[8] Since 2 October 2000, this is a more favourable status than that given to citizens of other EU and EEA member states. This special status comes from section 1(3) of the Immigration Act 1971, the legislative basis for the Common Travel Area.

It is not publicised by the Home Office, but reference can be found in the Home Office Nationality Instructions, EEA and Swiss citizens (pdf)
"5.3 ... Citizens of the Irish Republic, whether exercising EEA free movement rights or not, are not normally subject to any form of immigration control on arrival in the UK because of the Republic's inclusion in the Common Travel Area (s.1(3), Immigration Act 1971)"
and:

"8.3 The 2000 Regulations did not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they had been granted indefinite leave to remain under some other provision of the Immigration Rules, were entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in these categories should be regarded as having been free from any restriction under the immigration laws on the period for which they may remain."

http://en.wikipedia.org/wiki/British_nationality_law_and_the_Republic_of_Ireland

Does this mean that if an Irish citizen from, say, Kerry gives birth in Newry or Belfast, the child can get a UK passport?

LordSutch

FURET wrote: »

Does this mean that if an Irish citizen from, say, Kerry gives birth in Newry or Belfast, the child can get a UK passport?

Seeing as Newry & Belfast are in the UK then Yes is the short answer.

If a child is born within the UK then that child is entitled to a UK passport, and if a child is born within the ROI then that child is entitled to an Irish passport.

There is however an overlap which means that any child born on the island of Ireland is also entitled to an Irish passport, (this, even though Northern Ireland is part of the United Kingdom). We have friends living in the ROI with the Dad being English and the Mum Irish, they wanted to go on holidays at short notice this year, and the quickest 'agreed option' for them was to get their child a British passport from the British Embassy in Dublin, the Mum agreed and off they went, simples. In a year of two's time they can either get a new British passport for the child, or apply for an Irish passoprt if they wish.

The Corinthian

LordSutch wrote: »

If a child is born within the UK then that child is entitled to a UK passport, and if a child is born within the ROI then that child is entitled to an Irish passport.

Of the latter only if at least one of the parents is an Irish national (or entitled to be so), ever since the 27th Amendment, ten years ago.