Nationality Law..

ROULLA

Registered User
#1
Passing of bill providing for amendment of some provisions of nationality law

The chamber of Deputies met here on Thursday under chairmanship of Speaker Foued Mebazaa and passed a bill providing for the amendment to some provisions of the nationality law, in materialization of the president’s instructions to cancel all forms of legal discrimination against women so as to bring national laws into line with international conventions in this field and especially with UN conventions.
The aim of this bill is to achieve total equality between men and women as regards granting nationality to children regardless of the place of birth and the nationality of the husband and wife. The bill also thought of transitional provisions for the settlement of unresolved situations to enable people concerned to get Tunisian nationality in accordance with the law.

Under this bill, Tunisian women can automatically pass down their nationality to their children under age.
As to children who came of age, they must apply for a regularization of their situation within one year from the date of the entry into force of the law of July. 26, 2010 relating to the standardization of the voting age.
 

ROULLA

Registered User
#2
Just wondering if this also applies to Anyone other than a Tunisian...As this does say regardless of the husbands or wifes Nationality..What are you views on this ??

The aim of this bill is to achieve total equality between men and women as regards granting nationality to children regardless of the place of birth and the nationality of the husband and wife.
 
#3
Hello Roulla, I actually do not understand because it aslo says regardless of place of birth. So what nationality the kid will get when fo example born in France to a Tunissian man and UK woman?
 

ROULLA

Registered User
#4
Hello Roulla, I actually do not understand because it aslo says regardless of place of birth. So what nationality the kid will get when fo example born in France to a Tunissian man and UK woman?
Hi Janan hope that you and your family are all in good health! Well i would say that the child is half Tunisian and half English but i would have thought that because the child is born in France that he would be a French national..but i could be very wrong..

Our children in our eyes, here there or wherever i am are half Tunisian and Half Greek, i have always said that and i will continue to say that, but saying that as my children were born in the UK they are British ..:confused:

But even though i say that as soon as my childrens feet touch Tunisian soil they are classed as 100% Tunisian..
 
#5
Hi Janan hope that you and your family are all in good health! Well i would say that the child is half Tunisian and half English but i would have thought that because the child is born in France that he would be a French national..but i could be very wrong..

Our children in our eyes, here there or wherever i am are half Tunisian and Half Greek, i have always said that and i will continue to say that, but saying that as my children were born in the UK they are British ..:confused:

But even though i say that as soon as my childrens feet touch Tunisian soil they are classed as 100% Tunisian..
thanks Roulla for asking I hope you are all OK too! :) very nice what you write.
I have heard that even birth i going at plain which flies above for example Russia at moment of birht, then baby will get russian nationality
 

ROULLA

Registered User
#6
Hello Roulla, I actually do not understand because it aslo says regardless of place of birth. So what nationality the kid will get when fo example born in France to a Tunissian man and UK woman?
children born in France of foreign parents remain foreign until obtaining legal majority.
 

ROULLA

Registered User
#8
what it is legal majority?
The age at which a person, formerly a minor or an infant, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions.
A person who has reached the age of majority is bound by any contracts, deeds, or legal relationships, such as marriage, which he or she undertakes. In most states the age of majority is eighteen, but it may vary depending upon the nature of the activity in which the person is engaged. In the same state the age of majority for driving may be sixteen while that for drinking alcoholic beverages is twenty-one.
Another name for the age of majority is legal age.

http://en.wikipedia.org/wiki/Age_of_majority
 
#9
does it mean the kid will have no nationality till legally aged?
 

MellieC

Well-Known Member
#10
It doesn't appear to be accepting "dual nationality"

it seems more to be saying that if a tunisian woman is for example in france, married to a non tunisian ~ previously tunisian nationality would not be give to the child, but NOW that tunisian woman would "pass" her tunisian nationality to that child, the same for example your hubby, as far as tunisia is concerned your children are tunisian your nationality does not come into it at all.

its giving equal status to tunisian women with tunisian men, non tunisian women still have no rights where a tunisian child is concerned as dual nationality is not recognised, this bill appears to be extending tunisian nationality only.
 

Tunisianbelle

Well-Known Member
#11
I have heard that even birth i going at plain which flies above for example Russia at moment of birht, then baby will get russian nationality
Nationality is a relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person, and affords the person the protection of the state. It is established at birth by a child's place of birth (jus soli) and/or bloodline (jus sanguinis)
http://en.wikipedia.org/wiki/Nationality

Citizenship is membership in a political community and carries with it rights to political participation; a person having such membership is a citizen. It is largely coterminous with nationality. Citizenship is the political rights of an individual within a society. Citizenship status often implies some responsibilities and duties under social contract theory. Citizenship derives from a legal relationship with a state. Citizenship can be lost, as in denaturalization, and gained, as in naturalization, or by marriage.
http://en.wikipedia.org/wiki/Citizenship

Most countries have rules set up so that the child will only acquire the nationality of the parents, such as the rules of many European and African countries. That means that just because a baby is born on a Belgium plane (for example), the baby would not receive Belgium citizenship unless at least one of the parents was Belgium, or the family had been living in Belgium for a period of some years. The baby would only acquire the nationality of the parents. Since the article says the mother is Congolese, the baby would also be Congolese. This is known as Jus Sanguinis.
http://en.wikipedia.org/wiki/Jus_sanguinis

The US (along with a few other countries) has laws set up so that a child born on a plane inside the US, or flying over it's territories would acquire US citizenship. In cases where the baby is born over US territories (and the parents are not US citizens), the baby would be born with dual citizenship - the nationality of the parents, and American citizenship. This is known as Jus Soli.
http://en.wikipedia.org/wiki/Jus_soli
http://foia.state.gov/masterdocs/07fam/07m1110.pdf Section 7FAM1116.1-3 AIRSPACE paragraph a

In the case of Russian citizenship, citizenship is actually based on a mixture the principles of Jus Sanguinis and Jus Soli. However, when speaking of births, the citizenship rules generally follow the Jus Sanguinis principal, meaning the child would acquire the nationality of his parents. In special cases, Jus Soli would take presidence, such as cases where:
  • neither of his parents are Russian citizens, but are permanent residents of Russia, and the child is born in Russia and does not obtain any other citizenship
  • the child is found on the territory of Russia and his parents are unknown for more than 6 months
http://en.wikipedia.org/wiki/Russian_nationality_law
 

Tunisianbelle

Well-Known Member
#12
does it mean the kid will have no nationality till legally aged?
It means the child will have to take th nationality of one of his parents and would only be able to apply for French citizenship once he reaches the age France considers to be an adult.
 

ROULLA

Registered User
#14
Of course nothing would be passed for the British woman with a Tunisian child :(
Hi Truly mou hope that you and your family are all in good health! Truly mou think of it like this, if you somehow and i say somehow got your child out of Tunisia without the fathers consent and the father lived in Tunisia then the father has no rights here as well... What i mean by that is that the Tunisian goverment would not be able to assist the Tunisian father, am i right ????
 
#15
BUT if he were here with us he would have every right the same as US. BUT there we have NO RIGHTS!! :(
 

CAIRO

Active Member
#16
Think I better get researching into this law :/ This is what i understood it to be
1. The child takes on the mothers nationality and immigration status - however I know in egypt that the child takes on the fathers immigration status ! So if i have the baby in the UK it would be A british citizen, and I presumed that if we went to egypt that would remain still ? and the child would be entitled to assistence from the british embassy if needed. However if the child has dual nationality or was born there then they are not protected from the british embassy as much as normal because they can not interfer with another country law ?

I was born in germany and as far as i am aware I am not entitled to german residency ? ( wouldnt want it anyway lol)

Confusing !!!!!!!!!!!!
 
#17
Read the "kids with Tunisian thread" Cairo. Even if your child is British, as in born in the UK; while in Tunisia, it is Tunisian with no help from the Brtish Embassy. Not sure if Egypt the same, probably though :(
 

MellieC

Well-Known Member
#18
Egypt is the same.

where a country does NOT recognise dual nationality (the UK DOES) when the child/person is in that country they are 100% that nationality, in this case Tunisian or Egyptian.

when for example in the UK, they are afforded all rights of the Tunisian and Egyptian embassies respectively.

The UK govt CANNOT demand that the Tunisian Embassy assist with matters pertaining to the child/ren and possible abductions, they can only request the assistance, which hsitorically and factually has proven to be that the tunisian embassy advise the tunisian national on how to proceed and do not respond to the UK request until AFTER the tunisian and child/children are safely in tunisia!
 

MellieC

Well-Known Member
#19
Hi Truly mou hope that you and your family are all in good health! Truly mou think of it like this, if you somehow and i say somehow got your child out of Tunisia without the fathers consent and the father lived in Tunisia then the father has no rights here as well... What i mean by that is that the Tunisian goverment would not be able to assist the Tunisian father, am i right ????
he would have the RIGHT to a 1 year visa for visiting his child in the UK, once a court decision was made.

the tunisian govt could not assist him in the UK, but the Embassy can and would!

see my previous post for how and in what way!
 
#20
Its probably worth defining Parental Authority in this thread as a lot of legal decisions are based on it.

Who has parental responsibility?

A mother automatically has parental responsibility for her child from birth. However, the conditions for fathers gaining parental responsibility varies throughout the UK.

For births registered in England and Wales

In England and Wales, if the parents of a child are married to each other at the time of the birth, or if they have jointly adopted a child, then they both have parental responsibility. Parents do not lose parental responsibility if they divorce, and this applies to both the resident and the non-resident parent.

This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:

* (from 1 December 2003) by jointly registering the birth of the child with the mother
* by a parental responsibility agreement with the mother
* by a parental responsibility order, made by a court

Living with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.

All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.

Also worth noting is the fact that the birth does not have to be registered in the UK for Parental Responsibility to be valid. So in essence, a child born to unmarried Parents, where both parents are named on the Birth Certificate (from any country) gives the Father LEGAL rights under UK law.
 
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