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Foreign Child Born In Thailand

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My wife and I are moving to Thailand in September, on non-Immigrant visas and eventually hope to get residency status.

During this time we are hoping to start a family.

My wife is Russian, I'm a British passport holder and Australian passport holder, I'll be entering Thailand on my Australian passport.

Just wondering if anyone else has had a similar situation, can I still register my child at the British Embassy and apply for a British passport as well as registering at the Australian Embassy while applying for an Australian passport and while we are at it, registering at the Russian Embassy and applying for a Russian passport.

Also if we are residents when our child is born, is the child entitled to Thai citizenship?

If your new born child is not a Thai citizen or not eligible to become one, what do you need to do in order for the child to reside in Thailand legally?

thanks

Edited by SamuiNige

You register the child with the local district office in Thailand. With the birth certificate you cna go to your respective embassies and apply register the child there as a citizen of their country.

Being born in Thailand does not give a right to Thai nationality, if you would both have permenent residency that would be different. But permenent residency is a long way, see: http://www.thaivisa.com/forum/topic/74654-cameratas-guide-to-the-permanent-residence-process/

A child does not need anything special to stay with you, till the age of 21 (legal age of majority in Thailand). He just needs to be staying with you and get his own extensions of stay based on that.

Whether or not your child is automatically British depends upon how you obtained your British citizenship.

There are basically two types of British citizenship; otherwise than by descent and by descent.

You are British otherwise than by descent if you were born in the UK before 1st Jan 1983 or your were born in the UK on or after that date and at least one of your parents was British or legally settled in the UK or if you have been naturalised as British.

In which case you can pass your British nationality onto your children no matter where they are born.

You are British by descent if you were born outside the UK and at least one of your parents was British. In which case you cannot pass your British citizenship onto your children and they must qualify for it in their own right; i.e. by being born in the UK. However, you can apply to register a child born outside the UK as British, but I think only if the child is living in the UK.

That's the (very) simplified version; for full details see the relevant links from Who already has British citizenship?

You can register the birth at the British embassy in Bangkok. There is no requirement to do so, and doing so will not make the child British if they are not already. See How to register a birth

Assuming that the child is British, then you also apply for his/her first British passport via the embassy in Bangkok (although applications are processed in Hong Kong). See How to apply from Thailand (First time applications)

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Whether or not your child is automatically British depends upon how you obtained your British citizenship.

There are basically two types of British citizenship; otherwise than by descent and by descent.

You are British otherwise than by descent if you were born in the UK before 1st Jan 1983 or your were born in the UK on or after that date and at least one of your parents was British or legally settled in the UK or if you have been naturalised as British.

In which case you can pass your British nationality onto your children no matter where they are born.

You are British by descent if you were born outside the UK and at least one of your parents was British. In which case you cannot pass your British citizenship onto your children and they must qualify for it in their own right; i.e. by being born in the UK. However, you can apply to register a child born outside the UK as British, but I think only if the child is living in the UK.

That's the (very) simplified version; for full details see the relevant links from Who already has British citizenship?

You can register the birth at the British embassy in Bangkok. There is no requirement to do so, and doing so will not make the child British if they are not already. See How to register a birth

Assuming that the child is British, then you also apply for his/her first British passport via the embassy in Bangkok (although applications are processed in Hong Kong). See How to apply from Thailand (First time applications)

Thanks 7by7, that's helpful, I am British by birth, now i'm wondering if the info you've given above may apply to Australian citizenship, as I am naturalised not born there, I'll check that out

Whether or not your child is automatically British depends upon how you obtained your British citizenship.

There are basically two types of British citizenship; otherwise than by descent and by descent.

You are British otherwise than by descent if you were born in the UK before 1st Jan 1983 or your were born in the UK on or after that date and at least one of your parents was British or legally settled in the UK or if you have been naturalised as British.

In which case you can pass your British nationality onto your children no matter where they are born.

You are British by descent if you were born outside the UK and at least one of your parents was British. In which case you cannot pass your British citizenship onto your children and they must qualify for it in their own right; i.e. by being born in the UK. However, you can apply to register a child born outside the UK as British, but I think only if the child is living in the UK.

That's the (very) simplified version; for full details see the relevant links from Who already has British citizenship?

You can register the birth at the British embassy in Bangkok. There is no requirement to do so, and doing so will not make the child British if they are not already. See How to register a birth

Assuming that the child is British, then you also apply for his/her first British passport via the embassy in Bangkok (although applications are processed in Hong Kong). See How to apply from Thailand (First time applications)

Thanks 7by7, that's helpful, I am British by birth, now i'm wondering if the info you've given above may apply to Australian citizenship, as I am naturalised not born there, I'll check that out

Australia is generally a bit better in that regard, as the law recognises that people come and go a bit, while still being 'Australian'.

Now, I know for sure that, Australian citizens who were not born in OZ (ie Australian citizens via descent) will have to lived have lived for at least 2 years over the course of their life in Australia to pass down Australian citizenship to their children who also aren't born in OZ.

An Australian citizen born in OZ can automatically pass down citizenship to their non-OZ born kids. I believe (but you should double check)that naturalised citizens are considered in the same category as 'Australian born' citizens, for the purposes of passing on citizenship.

All of the above (ie all Australian citizens, regardless of place of birth) automatically can pass on OZ citizenship if their children are born in Australia, however.

The upshot of all of this, is that your child should become an Australian citizen via descent. For their kids to pass on Australian citizenship, you child will have to live in OZ for a total of 2 years if they want to pass it on to their non-Australian born children (ie your grandkids). But if your grandkids are born on Australian soil, they'll automatically be OZ citizens.

Edited by samran

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