British Citizenship For Sons Born Out Of Wedlock

[gregchambers]

Hi, my son is 17 years old and living with his Thai mother in Phuket. We have been separated for eight years but I have been supporting the lad, and the woman won house and land but if she got the chance would doubtless love to get her hands of my real dosh. I have got as far as getting Form MN1 for British citizenship for him but am a bit worried about the residency question for the father going back three years. I have been non-resident with regards to the UK for about six years and living in Bangkok. I recently sold my previously rented-out UK house and have moved all my money offshore so the only current connection I have with the UK is my sister and her family.

I am loathe to actually meet up with the Thai mother of my son unless it is absolutely necessary and there is a good chance of getting the British citizenship for the lad (we both are supposed to go to the embassy for an interview, as I understand it). Letting the mother go to the embassy alone would be an absolute disaster as she would not tell the same story as myself re our breakup.

I was born in the UK and my family is British going back many generations so no question over domicle. My UK tax returns are up-to-date although I usually don't pay tax as the rental income was covered by my personal allowance.

I am happy to get my son British citizenship but don't want to waste money on the application, or go through all the angst of meeting up with his mother, unless there is a good chance of it being successful, so does residence affect the outcome?

[mariner29]

Did you register the birth at the British embassy ?

[gregchambers]

No, no point as we were not and are not married, seventeen odd years ago fathers had no right to pass on nationality unless married.

I am on the Thai birth certificate and actually has my surname rather than their mother's, though has Thai nationality and ID card

[JohnC]

I am loath to appear a doom and gloom merchant but playing devils advocate I would guess some of the questions might be :

How often do you see each other?

Does your son speak english?

Why after 17 years do you wish to register him as a UK citizen?

I would also suggest a discrete enquiry with the embassy in Bangkok about the requirements and potential pitfalls, they aregenerally helpful and it could save you spending money needlessly

oops just found this: If you and your spouse are not married

If you are a British man and your child’s mother is foreign you can only apply for a Consular birth registration of the child was born on or after 1 July 2006. If you are an unmarried women who’s had a child abroad and you would like the father’s details recorded on the certificate, you will need to swear Statutory Paternity Declarations in front of a solicitor/Commissioner for Oaths.

source:http://www.fco.gov.uk/en/travelling-and-living-overseas/births-marriages-deaths/register-birth

Hope this helps.

[CharlieB]

I am loath to appear a doom and gloom merchant but playing devils advocate I would guess some of the questions might be :

How often do you see each other?

Does your son speak english?

Why after 17 years do you wish to register him as a UK citizen?

I would also suggest a discrete enquiry with the embassy in Bangkok about the requirements and potential pitfalls, they aregenerally helpful and it could save you spending money needlessly

oops just found this: If you and your spouse are not married

If you are a British man and your child's mother is foreign you can only apply for a Consular birth registration of the child was born on or after 1 July 2006. If you are an unmarried women who's had a child abroad and you would like the father's details recorded on the certificate, you will need to swear Statutory Paternity Declarations in front of a solicitor/Commissioner for Oaths.

source:http://www.fco.gov.uk/en/travelling-and-living-overseas/births-marriages-deaths/register-birth

Hope this helps.

Before this date it could still be gained, but the decision was made at the discretion of the Home Office/Home Secretary.

Factors against you are the age of your son and you are no longer with the mother. Did you ever legally marry her? If not, then the birth was not legitamised either, which would probably go against you.

[gregchambers]

Again, I never married the kid's mother and I have the right to ask the British govn for citizenship before they reach eighteen BUT I need to know if the fact that I have been non-resident for many years will alter the outcome

[7by7]

There is nothing in Children born before 1 July 2006 whose father is a British citizen but not married to their mother - section 3(1) applications to say that the British father needs to be resident in the UK.

However, the granting of citizenship in these cases is discretionary, so you will need to show good cause as to why the boy should be given citizenship. As both you and he are resident in Thailand this may be difficult to do.

Note as well that you will need his mother's consent.

As well as the link above, I suggest a good read of Chapter 9: Registration of minors at discretion

Edited December 21, 2008 by 7by7

[gregchambers]

Thanks for the info, getting somewhere. My actual plan is to move back to the UK in the new tax year and say I want to take the kid with me as he can't cope with Thai society (a laugh, as the poor chap has to fend off hordes of young Thai ladies taken by his Brit/Thai looks) and no problem with his mother as she is convinced it will make it easy for her to get a visa for the UK (not if the embassy asks me though), which is another laugh as some of her family can't even get Thai passports after being blacklisted by the Thai govn for past misdeeds!

[7by7]

Good luck with this.

Remember you must act PDQ. Once he's 18 you can basically forget citizenship or a visa for him to live in the UK with you.

[gregchambers]

Had a look at the link and it seems that if the child could be registered if I was married to the Thai women then they will register the child even though I wasn't married, the difference being that it is subject to assent of the mother and character references for the child and the child being under eighteen.

The problem with form NM1 being it is used for a multitude of registrations, some of which do indeed require three years residence by the father in the UK but not this particular one.

[gregchambers]

Yeah, I am leaving it to the last possible moment. Despite not seeing the mother for many years (telephone conversations are all I can take) I am half convinced that the moment she starts rolling out the b**s**t I am going to completely lose it and kill her in front of our son! Rolled up rage! I have ten months before eighteen and they seem to like six months leeway to process the application so March is the last chance for him. Not so much so he can come live with me more so he has much more interesting work and travel opportunities in the big wide world.