Baby born in Finland and finnish citizenship

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Kaka
Posts: 41
Joined: Thu Nov 24, 2016 6:38 am

Baby born in Finland and finnish citizenship

Post by Kaka » Sun Mar 05, 2017 8:45 pm

Hello,
Friends of mine. They are from Bhutan. They are couple and both have students residence permit (B). They got baby last month. Does baby get the finnish citizenship?

Can they get also finnish citizenship because of baby or not?



Baby born in Finland and finnish citizenship

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betelgeuse
Posts: 2800
Joined: Thu Aug 29, 2013 1:24 am

Re: Baby born in Finland and finnish citizenship

Post by betelgeuse » Sun Mar 05, 2017 10:59 pm

Kaka wrote:They are from Bhutan. They are couple and both have students residence permit (B). They got baby last month. Does baby get the finnish citizenship?
No.


PJG
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Joined: Tue Jun 28, 2016 10:13 pm

Re: Baby born in Finland and finnish citizenship

Post by PJG » Sun Mar 05, 2017 11:03 pm

Kaka wrote:Hello,
Friends of mine. They are from Bhutan. They are couple and both have students residence permit (B). They got baby last month. Does baby get the finnish citizenship?

Can they get also finnish citizenship because of baby or not?
The Bhutan Citizenship Act of 1985 sets forth very simple requirements for citizenship by birth:

"CITIZENSHIP BY BIRTH
A person whose parents are both citizens of Bhutan shall be
deemed to be a citizen of Bhutan by birth. "

http://www.nab.gov.bt/assets/uploads/do ... 985Eng.pdf

Bhutanese Citizenship is granted by default where both parents are citizens, as in this case, without any reference to or limitations arising from the place of birth.

The parents are here on valid student visas (not as refugees or granted asylum) and the child has citizenship of Bhutan and therefore will NOT meet any of the current requirements for citizenship in Finland.

http://www.migri.fi/finnish_citizenship ... in_finland


Rosamunda
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Re: Baby born in Finland and finnish citizenship

Post by Rosamunda » Mon Mar 06, 2017 9:37 am

Being born in Finland is not on its own sufficient for citizenship (jus soli) whatever the nationality of the parents. So it is nothing to do with the fact that the parents are from Bhutan. If the parents were Estonian, Swedish, French, American, Chinese.... it would be the same.


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Piet
Posts: 475
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Location: Finland

Re: Baby born in Finland and finnish citizenship

Post by Piet » Mon Mar 06, 2017 9:58 pm

Rosamunda wrote:Being born in Finland is not on its own sufficient for citizenship (jus soli) whatever the nationality of the parents. So it is nothing to do with the fact that the parents are from Bhutan. If the parents were Estonian, Swedish, French, American, Chinese.... it would be the same.
I think (so correct me if I am wrong :wink: ) that PJG tried to imply that when it is not clear what the nationality from a child is when it is born in Finland, or even state-less due to a refusal or denial from the parents home country to accept the child as a national citizen, there are exceptions in Finnish law that can grant the Finnish citizenship to a baby that becomes "state-less" because his or hers citizenship is denied by any other country.

copy from migri:

A person’s citizenship is usually determined by the parentage principle or the birthplace principle. Each state is free to decide which principle it primarily follows.

The parentage principle means that a person’s citizenship is determined by the citizenship of the mother, father, or both. The birthplace principle means that a person’s citizenship is determined by his or her place of birth. The parentage principle is the primary principle applied in Finland.

As I read this it is "secondary" possible to have the birthplace principle applied in Finland, if a state (from where the parents come from) decides to do so.
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PJG
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Joined: Tue Jun 28, 2016 10:13 pm

Re: Baby born in Finland and finnish citizenship

Post by PJG » Tue Mar 07, 2017 12:46 am

Correct, Piet.

No matter where the child is born it is automatically granted Bhutanese citizenship in cases where both parents are citizens of Bhutan.

If one parent was not a citizen of Bhutan, the parent who is could apply for citizenship for their child and according to my reading of the relevant Bhutanese act, it would probably be granted without much resistance.

That's not relevant in this case anyway.

That rules out the possibility of the child being given Finnish citizenship, unless the other requirement for making an exception was true; that the parents had refugee status in Finland or had been granted asylum.

The parents have student visas here. While there was a period in the 1990's where citizenship was revoked and people were exiled from Bhutan, which could possibly have enabled the parents apply for asylum in Finland, that has long since passed and will not have any bearing on these parents today either.

Basically, they don't meet any of the requirements for granting citizenship to their child. I just added the references previously to help the OP understand why that is so. Sorry if it confused anyone!


Kaka
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Joined: Thu Nov 24, 2016 6:38 am

Re: Baby born in Finland and finnish citizenship

Post by Kaka » Tue Mar 07, 2017 11:14 am

Thanks everybody for useful ideas!!


justaguy
Posts: 189
Joined: Sun Apr 07, 2013 6:48 pm

Re: Baby born in Finland and finnish citizenship

Post by justaguy » Thu Mar 09, 2017 12:23 pm

Kaka wrote:Hello,
Friends of mine. They are from Bhutan.
So many of your posts is for a 'friend'. Hmm...


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