During the adoption process we never even wondered once about the citizenship and passport of an adopted child. Somehow this seemed to be of very little importance. How wrong we were!
Every week both Diego and I call our parents in Italy. Every week both conversations go more or less like this:
| Parents: | “So, will you be coming in Italy in August? We could all go to the seaside, Ben will love it!” | ||
| Us: | “No” | ||
| Parents: | “You’ve never been in Italy with Ben. Why don’t you come?” | ||
| Us: | “You know why! Ben doesn’t have a passport!” |
Every week I get annoyed by the same questions, every week I give the same answers, but our parents are resilient and they keep asking, week after week, as if Ben’s passport would suddenly materialise!
Right now Ben is a stateless child. He has lost his British citizenship, he’s not Italian yet, and in all this bureaucratic nightmare he acquired 3 different birth certificates: one he had before the adoption, one after, and one issued in Italy. Crazy, right?
One and a half year ago, when the adoption certificate came through, I phoned Home Office and I explained our situation: we adopted a child born in UK, from British birth parents, both my husband and I are Italian, with Italian passports, but resident in UK for the last 15 years. Can we apply for Ben’s first British passport?
Home office was very helpful and told me what to do: send an application form, pay a fee, and provide documentation from Inland Revenue showing that both Diego and I have been working and paying tax in UK for at least 5 years before Ben’s birth. Sounded easy and straightforward enough.
A couple of days later, we sent out our application. Weeks passed by in which nothing happened. After 2 months I called Home Office again. I was told then that the application for Ben’s British passport had been rejected because he had lost his British citizenship. I was shocked, I hoped I misunderstood, but that wasn’t the case. I got quite crossed on the phone, I could not understand how this was possible. My reaction might have been a bit brash, I may even have raised my voice slightly. Then the lady on the phone told me something that sounded a lot like “If the law changes and UK leave the EU, you will lose the right to stay in UK, and you will need to return to Italy!”. I apologised for losing control and, still in disbelief, I hung up.
Apparently, although both Italy and Britain are part of the EU, we should have asked for an “unlimited permit to stay in UK” when we entered the country 15 years ago. That would have granted Ben a British citizenship. We didn’t even know something like that existed until that phone call! After all, there is free movement of people within the EU, isn’t there?
And just like that, in a split second, Ben lost his right to be British. Did he become Italian then? No, Italy didn’t even know he was alive!
We had to start the whole process from the beginning, but this time we had to deal with the Italian bureaucratic system, which is not famous to be the speediest. We are now 8 months into the process of getting his adoption and citizenship recognised in Italy, and we are not in the position to apply for his passport yet!
So much of this situation is frustrating.
First and foremost, Ben lost his birth-right of being British, and with it he lost the right to vote, apply for scholarship, get a job in the Police force or army, claim certain benefits… the list could go on. He will eventually become an Italian citizen, a place he never seen before, and he never lived in.
I feel I stripped my son of a part of who he is, his identity, and his origins. Other than his first name, been British was the only other thing left to him from his birth family, and now it’s gone! So much for preserving his sense of identity!
Next month the United Kingdom will vote whether or not to remain in the EU. What will it be of us? How this will impact Diego and I, and mostly Ben?
It’s a catch 22 situation! As the lady from Home Office “kindly” pointed out, Diego and I can always be sent back to Italy, or travel somewhere else. But if immigration law changes next month, what about Ben? He cannot leave the country, but he cannot stay here either.
When I was a student I had to get passports for S20 Looked after children and I thought that was complicated. I don’t envy the beurocratic hell you have fallen into. This as well as the challenges that it has thrown his identity into.
Hi Al, thanks for your comment.
We have found out recently that if, by the time Ben is 12 years old, we can prove to Home Office he has been living in UK and attented school in UK, he will be able to apply for a change of nationality. Not only it’s 10 years away, but it also come at a considerable price. But there is hope!
Thanks for this. We are in a very similar situation to you, although we knew that our children would lose their citizenship (interestingly this was discussed at the matching panel). Still I can’t help feel that the fact that they were born in this country should count for something!
Hi. I didn’t expect to find someone else in our same situation. It’s really comforting to know we are not alone. I wonder sometimes if we did something wrong, or we handled it wrong! So, you discussed it at matching panel and yet no one couldn’t do anything to preserve the British nationality of the little one(s). Have you got any advice for us?
I think it was uncommon enough that no one really knew what to do. I naively thought that I could just apply for British citizenship but apparently not…sigh. Am happy to discuss further if you would like!
Dear Laura,
I have never heard of anything as absurd in all my life. Good heavens above, why on earth did Ben lose his British Citizenship? I would definately appeal this decision, write to an MP, Her Majesty, whoever you fancy. I cannot imagine how frustrating it must be for you. I feel he has every right to remain British. I was born in Britain and still have a British passport but because I’ve lived in Italy as a permanent resident for many years my citizenship belongs to the category of something like British citizen overseas. It doesn’t feel as solid as if I were still resident in the UK, I’ve never applied for Italian citizenship so I don’t know what on earth will happen if the UK leave the EU.
I do hope you get Ben sorted with his Italian documents a.s.a.p. and I sincerely hope you, Diego and Ben can remain in Britain.
Massimo, my husband and I are in the process of adopting a child from Bulgaria, I have no idea how procedures for a passport for him/her will go, I presume the child will get regular Italian documents once he/she arrives in Italy.
I have done some research into whether it would be possible to get British citizenship for our child but I believe I would have to be resident in the U.K. (at least that’s what I understood from what I read on the govt. website).
Good Luck
Jane, Milan
Hi Jane,
You live in Italy so you’re well aware how frustrating can be dealing with Italian offices!
Lately the town hall in Milan insisted telling us they didn’t received any documents from the Italian court, while the court insisted they did send the adoption documents over to the town hall.
At times I really don’t know who to believe, and I have the feeling we will never get a passport for Ben!
I hope you’ll have a better fortune when you bring home your little one.
Thanks for sharing!
Hi Laura,
I certainly do!
That sounds typical!
If I can be of any help, here in Milan, please let me know, I will probably be going to the tribunale or prefettura soon for our adoption.
Thank you and all the best.