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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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A father who is an EU national and mother who is not an EU

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Hi, a father who is an EU national and mother who is not an EU citizen have a child born outside of the EU. The mother died and so the father went to work in another EU member state (not his home country) and his child joined him. He now wishes to re enter his home nation but has been denied entry because his child is not an EU citizen. Does EU law apply here?
JA: What steps have been taken? Has any paperwork been filed with the UK government?
Customer: No this is a question of EU law not UK law, the home country is not the UK
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello,

Nationality is usually a matter of domestic law, so the law of the father's home country would apply to assess whether or not the child is a national of that country by virtue of the father being a national of that country.

The father should try and find out whether the child is eligible for nationality of this particular EU country so that the child can get entry to that country.

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Customer: replied 1 year ago.
Thank you is there any EU case law on this matter

"Nationality is defined according to the national laws of that State. "

See under Definition of EU Citizenship: https://www.europarl.europa.eu/factsheets/en/sheet/145/obywatele-unii-europejskiej-i-ich-prawa

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