Childs Status

[BIG SPUDS]

If (IF) me and my GF were to have a kid, (just a question its not a plan just curious) she Thai me english. She lived in Thailand, would my child be able to come to the uk with me easy? would my child be of thai nationalality or british?

Would it make it easier for my GF/Wife to be able to live in the uk?

Just curious how it works?

[Richard W]

If (IF) me and my GF were to have a kid, (just a question its not a plan just curious) she Thai me english. would my child be of thai nationalality or british?

Your legitimate(d) child could have both nationalities. A bastard would have Thai, but I think getting British nationality would be discretionary if born when the mother was not settled in the UK.

She lived in Thailand,  would my child be able to come to the uk with me easy?

If it was British, I think so. You might need some evidence that you weren't kidnapping it from its mother - ask Dr Pat Pong about that.

Would it make it easier for my GF/Wife to be able to live in the uk?

Just curious how it works?

Swings and roundabouts. It would be extra evidence of a stable relationship, which would be more important if you hadn't married the mother but had lived with her for two or more years. On the other hand, it might cause problems in proving that you and the mother could support and accommodate yourselves. This would depend on the child's age and sex. (Accommodation is overcrowded if persons of the opposite sex over ten years of age must share a bedroom.)

[GuestHouse]

The rule of British Nationality Law is as follows:

If you the Father (or the Mother) are born in the UK your nationality status is “BRITISH OTHER THAN BY DECENT”

This is the highest form of British Nationality.

British Other than by Decent is inalienable, and is protected under Magna Carta et al.

As a person who is British by Decent you can pass your British Nationality to your children wherever they are born provided that you declare yourself the parent of the child at the British Registry of Births Deaths and Marriages (overseas this will be at the British Embassy).

This is regardless of the your marital status to the child’s other parent.

In your case, your child will hold the nationality of “BRITISH BY DECENT” and will have full rights to abode in the UK, regardless of the nationality of the other parent.

Your child WILL NOT have the right to pass its British Nationality to its children (your grandchildren), they could only be British Citizens if they are born in Britain of the other parent was born in Britain.

British law recognizes the rights of dual citizenship, this is not so clear in Thai law.

Because your child is born to a Thai mother AND in Thailand, your child will be entitled to Thai citizenship, but your child will have to have a Thai name to obtain this and you may be asked to declare that your child has not taken another citizenship. Do not worry too much about this, as the British Government will not provide information to the Thai government on who has taken British Citizenship. And Taking Thai citizenship will not impact your child’s rights to British Citizenship.

With respect to your wife obtaining a visa to live in the UK because you are married and have a child. Your wife is Thai and has no absolute right to a visa despite your marriage and child.

British law allows for ‘leave to obtain’ a visa, this is a privilege not a right, however provided you have the right documentation (i.e. registration of birth and marriage) and you meet the other requirements which are clearly defined in the application process, it is almost inconceivable that your wife will be denied entry to the UK as a dependent person to a UK citizen.

The first advice I would give here is get married and register your marriage at the Amphur AND at the British Embassy in Bangkok

For those who are expecting/planning a family in Thailand and neither of the parents are Thai, be aware that Thailand will not give your child citizenship. Your child will only have the citizenship allowed under the laws of your home country.

How do I know all this?

Because I took the advice of a Nationality Lawyer in the UK before my children where born, and we decided to move back to the UK to ensure our children have full UK rights to British Other than by Decent Citizenship.

[taxexile]

British Other than by Decent Citizenship

do you mean british by indecent citizenship ?

i didnt know there was such a thing.

[GuestHouse]

Taxexile, I never have claimed to be the world's best speller.

OP

And one more observation

You also asked on another thread, ‘How do Bar Girls get visas?’

If you are having a child with a Bar Girl (Read Prostitute) then I seriously suggest that you get a discrete DNA test while the mother is still ‘out of it’ in the hospital, and DEINATELY before you register your child under your name at the British Embassy.

If all that goes OK, get your child a British Passport and keep that in YOUR possession and definitely NOT in the house where the child’s mother can get her hands on it.

Don’t get caught out raising a Cuckoo and do not get caught out later by a bitter partner who hides your child in some Isaan Village as a means to extract money from you.

Does this happen with partners who are not ex prostitutes, yes of course it does, but it happens a lot more often when Thai Prostitutes get themselves a foreigner on a hook.

[GuestHouse]

DEINATELY= DEFINITELY

Just to keep Taxexile happy

[taxexile]

.

[Richard W]

The rule of British Nationality Law is as follows:

If you the Father (or the Mother) are born in the UK your nationality status is “BRITISH OTHER THAN BY DECENT”

This is the highest form of British Nationality.

...

As a person who is British by Decent you can pass your British Nationality to your children wherever they are born provided that you declare yourself the parent of the child at the British Registry of Births Deaths and Marriages (overseas this will be at the British Embassy).

This is regardless of the your marital status to the child’s other parent.

...

Because I took the advice of a Nationality Lawyer in the UK before my children where born, and we decided to move back to the UK to ensure our children have full UK rights to British Other than by Decent Citizenship.

Marital status may matter - see Illegitimate Children of British Citizen Fathers. Note the 'we may normally register'! UK citizenship for illegitimate children of UK fathers is a concession, not a legal right! Dave Blunkett could withdraw it at any time.

[chanchao]

> Because I took the advice of a Nationality Lawyer in the UK before my

> children where born, and we decided to move back to the UK to ensure

> our children have full UK rights to British Other than by Decent

> Citizenship.

Does anyone know if this applies in other European countries as well? It would seem to me that any child who's registered the usual way by the father at his embassy (or in his home town) is entitled to a passport of his father's nationality and can therefore enter the country with no questions asked? Does 'place of birth' really matter? I mean you could touch down at Heathrow, give birth somewhere there, register the kid and fly out again? This would make a difference as opposed to giving birth in Thaiand (or Gambia, Brunei, etc. etc)?

Cheers,

Chanchao

[GuestHouse]

With respect to the last post, I have not looked into the regulations governing the nationality of children born in the UK to foreign parents.

But I do know that there are restrictions relating to the rights of the child in relation to the resident status of the parents.

I do know however, that in the case given of a child being born at Heathrow to transient parents, the child would not be given British Citizenship except were it becomes stateless due to restrictions in the nationality law of its parent country.

Meanwhile, Thailand will not give nationality to a child born in Thailand if both parents are foreign - under any circustances, including the child being stateless.

[dr_Pat_Pong]

DEINATELY= DEFINITELY

Just to keep Taxexile happy

Joining the Pedantic Society ... it is DESCENT

[Simbo]

Why did you have to go and spoil it, Doc? I was just begining to enjoy being a decent Brit by descent.

[dr_Pat_Pong]

Why did you have to go and spoil it, Doc? I was just begining to enjoy being a decent Brit by descent.

No such animal mate ... none at all.

[Simbo]

We're all gods children, Doc, even us lowly Brits

[bkk_mike]

There is a lot of mis-statements here. - I have a child born in London and one born in Bangkok, and my wife and I are married.

Both children have dual nationality. (Thai and UK nationality), which even immigration recognise is a right for minors... - i.e. the child of a Thai national is a Thai national, regardless of where they are born, so long as you register the birth at the embassy at some point...

The child of a British father is a British Citizen if the father and mother are legally married (either before or after the birth, that is actually irrelevant, assuming the father was born in the UK, or the child is born in the UK). If they are not married and never get married, you "might" be able to persuade the embassy to register the child as British, but it's not guaranteed.

The only difference for my two children is the one born in London will automatically pass on her British nationality to her children, even if they're born abroad. The one born in Thailand won't unless they are, in turn, born in the UK. However, the children would have no issues getting indefinite leave to remain in the UK under British Ancestry rules, and after 3 years on indefinite leave to remain (maybe 5) - would be eligible to apply for British nationality.

P.S. Thailand WILL allow the child of two foreigners to be Thai. - if they have permanent resident status.

P.P.S. The UK is similar - children born in the UK whose parents are LEGALLY settled in the UK, are British. Britain will also grant British nationality to children born in the UK in other circumstances where not granting nationality would result in the child being stateless.

[dr_Pat_Pong]

We're all gods children, Doc, even us lowly Brits

I know ... we colonials still love you all

[Snark]

Let me see if I got this wright. There are Brits by descent, decent Brits, descended Brits (Yanks), and of course, dissent?