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Posted

There's no urgency in this (I hope). But I want to understand the process for obtaining a British passport for my young son. The purpose would be in case he wishes to attend college in the UK, or for travelling easily to the UK/EU when he is older.

The facts:

- I was legally married to his Thai mother at time of his birth here in Thailand

- My name appears on both hospital and Amphur birth certificate as the father

- My son's surname is my surname

- His mother is unlikely to co-operate with me in obtaining a British passport.

My understanding of the rules is that my son is automatically entitled to a British passport since he was born within wedlock. But does his mother have to attend at the embassy or sign any documents to allow the application to proceed? If so, is there an age threshold for my son when his mother is not required to attend/sign documents?

Just to state again that the passport intended for possible use when he is older. I'm not about to do a runner with him back to England!

Thanks for any advice

Simon

Posted

Just email the British Embassy telling them you wish to apply for a British passport for your son who is under 16

they will send you the passport form giving all the information.

I dont think your wife needs to sign anything

Posted

A bit of helpful information and the web address below

Child’s Passport Application

You may wish to apply for a first passport for your child at the same time as you apply to register their birth. Please note that children can no longer be added to the passport of the parent; they must hold separate passports. The fee for a child’s passport (valid for five years) is Baht 4611. Please complete a C2 passport application form in full and return it to us with payment and evidence of the child’s British nationality ie either a British birth certificate or full documentation as for a birth certificate (as listed above). We require two recent, identical photographs, one of which must be countersigned. Please read carefully the photo specifications attached or view the sample of the photo.

Birth registration/passport applications may be made in person or by post (straight forward applications only).

Consular Section is open to the public Monday to Thursday 08:00 – 11:00 and 13:00 – 15:15 and Friday 08:00 – 12:00. We aim to process birth registrations within 5 working days and passports within 10 working days

ukinthailand.fco.gov.uk/en/help-for-british-nationals/living-in-thailand/how-register-birth1/

Posted

Thanks 473geo

That webpage states that in order to obtain a British passport, one must first obtain a British birth certficate (which requires sight of the original passports of both parents), or one can apply directly for the child's passport, but providing the same documents.

In other words, although the mother need not be present or sign anything, her original passport (assume Thai ID card), is required, which would normally only be possible with her agreement!

That makes a problem for me...

Simon

Posted

The information in the link provided by 473geo indicate that a child born to a British parent abroad cannot get a British birth certificate unless the other parent has a passport. That should be incorrect...

Rules are the same as for Swedish Citizens it seems, both parents must sign = approve, if the other parent does not, no citizenship for the child

So a child born to a British parent abroad is only allowed to become a British citizen if the other parent approves, is that correct?

Posted (edited)

Not sure if you know this but if you have your original long birth certificate it make the process a lot smoother. Go to the embassy and you'll be able to get a passport for him too.

You do not need your wife to get the British birth certificate or British passport, this info was good the last time I checked about 18 months ago. Apply now, good luck.

Edited by sk1max
Posted

I think the thing is your son is entitled to Brit citizenship as a right so long as he claims it prior to his 18th birthday. It is not a question of your wife agreeing/consenting. However the process would be to register his birth at the embassy and get a British birth certificate. To do this you need to produce your son's Thai birth certificate with an official translation; this does not need to be legalised just stamped by an official translator; thereafter you need to produce paperwork, passport and your own birth certificate; and you need to produce the boy's mother's passport to simply identify her as the same person who is named on the birth certificate. You can apply for a passport at the same time but once you have birth certificate you can apply for a passport on the strength of the birth certificate. I know this cos I recently did it for my own son.

Posted

gerryBScot, your post reconfirms the problem. In order to obtain a British birth certificate, I need to produce the mother's passport/ID card to identify her as the same person who is named on the Thai birth certificate. That I cannot do because she will not co-operate in any way to allow me to either register the birth at the British embassy, or to apply for a British passport for him.

I suspect that if I had sole legal custody of my son, then the requirement for showing the mother's passport would not arise.

If I understand the facts correctly, it seems rather unfair that someone who is fully entitled to British citizenship, cannot apply for that citizenship because another (non-British) person refuses to co-operate and provide their ID...

Simon

Posted
I think the thing is your son is entitled to Brit citizenship as a right so long as he claims it prior to his 18th birthday. It is not a question of your wife agreeing/consenting. However the process would be to register his birth at the embassy and get a British birth certificate. To do this you need to produce your son's Thai birth certificate with an official translation; this does not need to be legalised just stamped by an official translator; thereafter you need to produce paperwork, passport and your own birth certificate; and you need to produce the boy's mother's passport to simply identify her as the same person who is named on the birth certificate. You can apply for a passport at the same time but once you have birth certificate you can apply for a passport on the strength of the birth certificate. I know this cos I recently did it for my own son.

Thanks for confirming. Not blaming you but rather the fact that British and Swedish rules are exactly the same (and so probably most other countries as well)

In order for a child born to a British father abroad to become a British citizen, the non-British mother must approve...

Simon, if identifying the mother is all the mothers approval is for, try bringing a photo copy of the mothers ID card in Thai and translated to English (driving licence, student ID, any ID with her name - Photoshop name). Shouldn't be difficult finding a place making student IDs or driving licences

Or perhaps explain your situation and ask the mothers identity to be left blank, sounds strange but why not try anyway.

Posted

i don't know if my daughters mother will be very accommodating when i finally get around to doing this. (still waiting on my birth certificate to arrive from UK) i did however scan her i.d card and driving licence a few weeks back so hopefully that would be enough.

is "borrowing" her i.d card a possibility simon43?

Posted

Borrowing her ID card is not possible and I do not stay with her. But I have a photo copy of her ID card, plus copies of various documents, such as her Tabian Bahn, original marriage and divorce documents etc etc. I think my best bet would be to approach the embassy, explain the situation and see how it goes.

Simon

Posted

Simon,

Give the consulate a ring, they are very helpful. I had a couple of questions myself before I did the process(but with his mum's consent) and they even called me back at one point to clarify a query.

Posted

Simon, don't give them a ring, go there :)

It is one thing to just follow the rules when hearing about something over the phone and quite another to do it face to face with a father who shows that he's worried about his childs future. It's worth the effort. But then, one of the strengths about western society is its principles, that's what they call it anyway. Give it a try

Good Luck

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