Ok, I'll start with a timeline:
- Born in the UK in 1965
- Moved to USA in 1968 with family (parents born in UK & Ireland)
- 'Derived' US citizenship at age 17 when both parent became US citizens
- Married in VN in 2005
- Wife arrived in USA in 2006
- Had our daughter in 2007
- Wife became 'naturalized' US citizen in October, 2009 (I understand the VN law to allow dual citizenship took effect in July 1, 2009)
- Divorced in 2012 (I have full custody of our daughter)
- Ex-wife has agreed to grant permission for me to relocate with our daughter to VN (planning to move next summer)
- My ex-wife has agreed (and submitted) her existing expired Vietnamese passport for renewal.
Questions:
1) After my ex-wife renews her passport, does that in effect mean that she then has 'retained' dual citizenship as allowed under the 2009 change to VN law?
-- Overseas Vietnamese who have not yet lost Vietnamese nationality as prescribed by Vietnamese law before the effective date of this Law may retain their Vietnamese nationality and within 5 years after the effective date of this Law ...
2) Can we then apply for dual citizenship for my daughter as the 'natural born' child to a VN citizen? (Note: Her mom did NOT receive US citizenship until she was 2 years old)
-- A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration. -- Can we 'agree' in writing now, or must this have been done when she was born?
-- Those who apply for Vietnamese nationality may be permitted for naturalization in Việt Nam without having to fully meet the conditions prescribed at Points c, d and e, Clause 1 of this Article if they fall into one of the following cases:
a/ Being spouses, natural parents or natural offspring of Vietnamese citizens;
3) Under the law (the way I read it), a person may be entitled to VN citizenship if they are the 'natural parent' of a VN citizen; therefore, if my daughter is granted dual citizenship with US & VN, would that then allow me to receive dual (in my case triple) citizenship with UK, US & VN?
I will be in VN for the month of October this year to start investigating what will be involved for me to live and do business there; I plan to return again in early 2014 to locate a house and look at schools for my daughter. We plan to move in the summer of 2014 (during school break) so she can start grade 1 in VN in the fall.
I will be working for my US employer doing the same design/engineering that I do now and also sourcing products to be manufactured for him in VN. However, we believe it is best for me to set up an LLC and let him 'contract' me, rather than me remaining an employee of his. (open to comments on this later, however my main focus now is to sort out the citizenship)
I will also be 'attempting' to begin learning to speak Vietnamese in earnest in October, so if you know of an intensive VN language program that I can attend every day for a month, let me know.
Thanks again in advance, as I always find great advice here ... also, I will be bringing more 'steak' for the 2nd Annual BBQ Fest (those who attended in 2012 know what I'm talking about) ... all on here are invited.