Late Birth Registration At British Embassy?

[HEXtaB]

My wonderful baby son was born almost 8 months ago in Bangkok. We were advised then that we will need to register the birth at the British Embassy.

My wife and I weren't “legally” married at the time, but are now, in Thailand & under Thai law. We have, however, been living together for over 5 years.

However, after a huge, extended red-tape extravaganza mainly due to discrepancies on the original Birth Certificate; including his name and date of birth (tiT) We are finally have all the necessary documentation to register him with the British Embassy. I think.

Are we too late, though?

My wife is Thai and I am British, but I was born in Singapore (British Parents), and this seems to have complicated things even further. My father had a great deal of grief with my own registration, and was given quite a short time-frame in which to register my birth.

We are now advised that to procede we both need to complete a "Domicile Questionnaire", and have personal interviews at the Embassy - all with hefty "fees" attached.

What can we expect during these questionnaires/interviews? Is this whole process now a "discretionary" matter? Am I missing anything important? Most importantly, have I missed some "undocumented" deadline(s).

I have lived and worked in SE Asia for over 6 years, most (95%) in Thailand - last visit to England Nov'98. I have worked with a valid Work Permit and appropriate visa for 3-4 consecutive years to date. My last "main" entry to Thailand was a Non-Imm.B from Penang (Jul'00), though I have taken small business & holiday excursions. My wife has not worked for 5 years. Previously working in a, now bankrupt, travel agency (Bangkok).

This all seems to be getting into a huge mess, I have already spent roughly 50,000 Baht to-date attempting to sort all this out.

Please, any helpful advice would be warmly appreciated.

HEX.

[HEXtaB]

A HUGE thankyou to everyone who posted advice. Give yourselves a hardy pat on the back.

[parryhandy]

Ive wondered about this myself. I got all the forms for my daughter but have yet to proceed due to financial and distance reasons. The way i understood it was you had a year to register and apply (elapsed in my case now). After this year priod you can apply to the Home office which is discretionary.There does seem to be many hoops to jump through but i would be pretty sure an immigration lawyer would tell me ,as long as i could prove that my daughter was mine she auotomatically becomes British by descent because i am British by birth.What they are asking for is a reason she needs British citizenship i.e. family , schooling etc..

There is a difference between British by birth and by descent which could apply in your case.From what you have said you are Britsh by descent meaning British nationality is not automatically gained or provided in law.There basically asking you to prove that your son needs British nationality in order to live with you in Britain sometime in the future , i would guess and you dont just want your son to have it for the extra option in life it gives.

I would also like to here peoples experiences of these issues.It does explain it all on the British Embassy web site and i suppose deliberately does seem a bit daunting especially with the fees invovled which are not cheap.

It would be nice to be able to speak to an immigration expert about this especially the way Britain is at the moment with so many people seemingly able to just waltz into Britain and obtain all sorts of rights.Are there any professionals in this field operating in Thailand to contact for advice ?

[HEXtaB]

Thanks ParryHandy,

I couldn't believe that I was apparently alone in this situation.

What I really don't understand is why I fall into the "by Descent" category, as both my parents are British and my father was in the R.A.F. in Singapore when I was born there. BTW, does this count as "Crown Service"? If so, how could I prove it?

I have read the British Embassy pages regarding this subject ad-nauseum, but they don't seem to elaborate too much - especially regarding time-frames. Where did you hear about the 1 year limitation?

Also, as you imply, there seems a "deliberate" lack of info. regarding expected criteria.

I have now seen the domicile questionnaire form and it seems heavily weighted towards finance and property ownership in Thailand vs. UK. I hold no property and meager savings in either/both countries. What would you suggest are key points for the application to be accepted? All my side of the family reside in England, I haven't been back for 5 years already. But, I would like to return there sometime in the next few years. Is this reason enough?

HEX

[The_Moog]

I think you must either go in - or write to them. They are pretty friendly if approached by e mail.

You've obviously got to get your baby registered - by hook or by crook. Its imperative.

The UK Embassy (or Schengen counterparts) doesn't try and gouge fees if you're putting in a no-hoper application. I understand the Aussue and US Embassies are more fee-driven.

MOOG

[parryhandy]

Thanks ParryHandy,

I couldn't believe that I was apparently alone in this situation.

What I really don't understand is why I fall into the "by Descent" category, as both my parents are British and my father was in the R.A.F. in Singapore when I was born there. BTW, does this count as "Crown Service"? If so, how could I prove it?

I have read the British Embassy pages regarding this subject ad-nauseum, but they don't seem to elaborate too much - especially regarding time-frames. Where did you hear about the 1 year limitation?

Also, as you imply, there seems a "deliberate" lack of info. regarding expected criteria.

I have now seen the domicile questionnaire form and it seems heavily weighted towards finance and property ownership in Thailand vs. UK. I hold no property and meager savings in either/both countries. What would you suggest are key points for the application to be accepted? All my side of the family reside in England, I haven't been back for 5 years already. But, I would like to return there sometime in the next few years. Is this reason enough?

HEX

If your father was working for the RAF abroard at the time of your birth then the way i read it was you are British by birth the same as me .Contact passport or similar service for clarification of your status.

As for your other questions i really dont know for sure but like i said before ,me and you are British with offspring so in my mind our offspring ARE half British.

I am hoping that it is daunting for the sake of it and legally we would have no problems.I myself can not afford to do this at the moment but would advise you too go ahead and just be mostly honest with them.I would have thought if you make it clear that you wish/need to return to Britain in the near future its pretty obvious why your son needs his British nationality by descent.I really cannot envisage them wanting to split families apart.

Shame we are not women then we would not have to go through this as IT IS automatic for FEMALES offspring ???

[parryhandy]

Right ive just read the british embassy website again and its states.

You will be able to transmit your British nationality to your child born overseas if you acquired your British nationality "otherwise than by descent". If you were born in the UK, naturalised in the UK or (in some, but not all cases) registered in the UK, you acquired your British nationality otherwise than by descent. If you are not sure, please ask us for further advice.

This only applys to legitimate children. Then the rest of the hoops are to do with fraud id imagine and the reasons i stated on previous posts.I would think that the fact that you and i have family and friends in Britain would be enough. But again i will say that i cannot see how they can refuse because biologically our offspring ARE half British, just like my mother is half Irish and can and does have an Irish and British passport because her father was Irish.

[parryhandy]

http://www.britain.org.nz/vpass/britcit.html

http://www.getrights.co.uk/nationality.html

couple of sites that may be of help will look for more when i have time.just google the info your not sure about HEXTAB and keep us posted.

[HEXtaB]

Thanks for all the advice ParryHandy.

I sincerely hope your situation changes soon, in a positive way, and you can get your daughter registered. As you say - she is half British, and she deserves the privileges that affords. I'm based in Bangkok, if you need any help with your registration - just let me know.

I know I screwed up not getting married earlier, but I won’t bore you with the details behind that here. We've now filled in the domicile questionnaire forms, as honestly as I think we can, I hope they are as empathetic as you and The Moog suggest.

I had heard many “horror stories” of interviews at the British Embassy, albeit mostly regarding Thai national’s applying for a British visa, I hope we aren’t treated the same way. My wife has poor spoken English, but my Thai normally compensates if we’re together.

BTW, These new immigration "laws" seem to be suffocating to say the least.

Thanks again, guys!

HEX

[parryhandy]

Yes keep us posted and hopefully my situation will change and i will be doing the same.

best of luck