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Post by buenopues on Sept 22, 2016 12:31:07 GMT -5
If a European man has custody of and has put his name on via notary and baptism a Colombian child does the child automatically have citizenship in the European's native country and would the child automatically receive the man's European pension in case of his death before the child reaches 18?
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Post by coolcoil on Sept 22, 2016 13:09:39 GMT -5
I can´t speak to European law, but I know that would not be enough for the USA. For the USA, even if you formally adopt a child, that does not make them automatically eligible for US citizenship. They still need to get a visa and may apply for citizenship three* years after entering the USA. I believe if they do not come to live in the USA, they are not eligible to become citizens, but not 100% sure about that.
Even if they do not move permanently to the USA, they can get a green card, then get a social security number and would be eligible for Social Security survivors benefits.
When you say "put his name on via notary," do you mean having gone through a formal adoption process where a judge has directed that the man is to be considered the father? Or is this something simpler that can be done if the bio father was never mentioned on the birth certificate in the first place?
*Also not 100% sure that the waiting period is three years, but it is that much or more.
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Post by jabberwocky on Sept 22, 2016 15:05:14 GMT -5
Won't help you from a Euro perspective but maybe how it works in the US can give you some idea - just to expand on what Cool said:
In the US who have to be a resident before you can become a citizen - you can get a green card and live back in Colombia once you obtain it but to be a citizen you must reside here.
Timing - once a resident - if you marry a gringo you have a 3 year waiting period before you can become a citizen, if you aren't married it is a 5 year wait, but it is a 3 year period from when you became a resident not when you recieved the green card - wife has been researching - once she becomes a citizen she can petition to bring the oldest daughter( and grandaughter) to the States ( she has less than a year before she can start the citizenship process) thought I had a few more years of reprieve before more Colombianas in my house - now it looks like less than 2 - crap.
Anyway - this might not help much , but just trying to point out there are a lot of variables - so best to do as much research as possible, but as Cool pointed out - very unlikely they could become a citizen without residing there.
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Post by buenopues on Sept 22, 2016 15:23:34 GMT -5
Thanks I know it works that way in the US. I thought it sounded far fetched too but the guy in question swears oh no his government would automatically recognize "his child" etc. No he did not go through a formal adoption process. He was with a woman who had a kid. Later the woman was diagnosed as manic depressive and he got custody of the child through a process with Familia Bienestar At some point I'm not sure when there was a notorized document established with two witnesses etc. giving the child his last name and making him "the father". However he didn't mention any judge being involved with that. I do know the child was baptized with his name as I was present for that. The rest sounds to me like wishful thinking but I am curious if anyone knows if there are European countries with far less demanding requirements for such a situation.
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Post by coolcoil on Sept 22, 2016 16:05:38 GMT -5
Thanks I know it works that way in the US. I thought it sounded far fetched too but the guy in question swears oh no his government would automatically recognize "his child" etc. No he did not go through a formal adoption process. He was with a woman who had a kid. Later the woman was diagnosed as manic depressive and he got custody of the child through a process with Familia Bienestar At some point I'm not sure when there was a notorized document established with two witnesses etc. giving the child his last name and making him "the father". However he didn't mention any judge being involved with that. I do know the child was baptized with his name as I was present for that. The rest sounds to me like wishful thinking but I am curious if anyone knows if there are European countries with far less demanding requirements for such a situation. If he went through the process with Bienestar then it´s probably legit. That´s the government department that handles those things. If they approved a document held by the notaria that declares him the father, it was very probably signed off by a judge and legally enforceable. Once you are declared the father in Colombia, you are on the hook for support until they turn 18 and they share with any other children in 50% of your estate (at least whatever estate you have in Colombia). That does not mean, of course, that his home country would automatically recognize citizenship. The easier and faster route would have been to fly to Libya, hop a boat and show up at the border.
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Post by buenopues on Sept 22, 2016 18:17:11 GMT -5
Looking into it a little further it looks to me like he might have to go through a formal adoption process which is probably much more expense than he would be interested in. There is no urgent reason for the child to have citizenship in the other country. It's a "some day" kind of thing. But it could be a longish process and also his home country may not be amenable to any "shortcuts" he's taken. Anyway thanks for addressing the question.
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Post by barrumundi on Sept 23, 2016 18:43:45 GMT -5
Not sure how it would work out for your friend buenopues but Bienstar Familiar (from my personal experience) may not be as easy to deal with as you would expect.
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Post by buenopues on Sept 25, 2016 18:12:39 GMT -5
Could be although friend says he has a good relationship with the one n his village.
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Post by barrumundi on Sept 25, 2016 18:17:03 GMT -5
Could be although friend says he has a good relationship with the one n his village. The smaller the town the better for dealing with bureaucracy .....because specially in Colombia, it is 'who you know' rather than 'what you know'.
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