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N Cal Attorney
N Cal Attorney, Lawyer
Category: Immigration Law
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Experience:  Since 1983
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Hi, i am a foreigner in Sweden as asylum seeker, and i met

Customer Question

Hi,
i am a foreigner in Sweden as asylum seeker, and i met another asylum seeker , and decide o marrry each other.
what is the law about the baby we will give birth when i get pregnant?
thanks
Submitted: 7 years ago via USLaw.
Category: Immigration Law
Expert:  N Cal Attorney replied 7 years ago.
Have you been granted asylum in Sweden? Has your fiance been granted asylum?
Customer: replied 7 years ago.

No, both of us were not.

Our asylum has been rejected but we didi't get yet any deport decision

Expert:  N Cal Attorney replied 7 years ago.
What are your nationalities?
Customer: replied 7 years ago.
I am a Malagasy(fr Madagaskar)woman and he is from Pakistan.
Expert:  N Cal Attorney replied 7 years ago.

In general, children born in Sweden to foreign parents do not acquire Swedish citizenship at birth, although if they remain resident in Sweden they may become Swedish later on.

 

http://www.opm.gov/EXTRA/INVESTIGATE/is-01.PDF states

MADAGASCAR
CITIZENSHIP: Malagasy citizenship is based upon Ordinance No.60-064, dated July 22, 1960.
Malagasy nationality law is based on descent from the father (jus sanguinis).
 BY BIRTH: Birth within the Republic of Madagascar does not automatically confer citizenship.
Citizenship is only granted automatically in cases of abandoned children.
 BY DESCENT:
 Child, born in wedlock, whose father is a citizen of Madagascar.
 Child, born out of wedlock to Malagasy mother, when the child’s father is stateless or unknown

 

and

 

PAKISTAN
CITIZENSHIP: Citizenship laws are based upon the Pakistan Citizenship Act of April 13, 1951.
(UKC-Commonwealth Nation)
 BY BIRTH: Child born after April 13, 1951, in the territory of Pakistan, regardless of the country
of birth. The exceptions are the children of certain diplomatic personnel.
 Persons born in Pakistani territory on or before April 13, 1951 are granted citizenship
 Person who was born in Pakistan or whose parents or grandparents were born in Pakistan and who had permanently resided in the country since August 14, 1947.
 A person naturalized as a British subject in Pakistan, and who had renounced any foreign citizenship acquired after birth.
 Person who before April 13, 1951 had migrated to Pakistan from the Indo-Pakistan
subcontinent with the intention of residing permanently in Pakistan.
 BY DESCENT:
 Child born after April 13, 1951 of a native-born Pakistani father, regardless of the child’s country of birth.
 Child born abroad after April 13, 1951, of a Pakistani father not born in Pakistan, is a citizen only if the child is registered at the nearest Pakistani Consulate or Mission.

 

My opinion: if the baby is born before you get married he or she will be Malagasy; if born after marriage he or she will be Pakistani if the father was native born in Pakistan.

 

You each might want to get one of these:

graphic

 

See http://www.worldservice.org/docpass.html

 

 

Expert:  N Cal Attorney replied 7 years ago.
Just out of curiosity I can understand any Pakistani wanting asylum due to what is clearly a condition verging on civil war in that country. I am not aware of any similar problems in Madagascar; I see tourism ads and it looks peaceful there.

But if you have your own reasons that make you subject to persecution there I suggest you go to the Canadian embassy and apply for asylum there. You can also try the US embassy but the US is really tight about granting asylum and I think you would have better odds with the Canadians.

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