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New Born Children Nationality?


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Ok I have a hypothetical questtion:

I am of UK nationality only and work in the oil and gas industry. I live in Thailand for 4 weeks (under a student visa) and work outside of Thailand for 4 weeks. I have just had a child (in Thailand) with my wife who is a Thai national only. Can the child get dual nationality or would he/she only be eligable as a Thai national?

Also would the complications be if I was not married?

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When the child is born you will get a Thai Birth Certificate from the Thai hospital, You will need it Officially Translated into English at your local Thai Registration Office. On the Thai Birth Certificate and English Translation,it will state "Nationality Thai" you only need the Thai Birth Certificate to get the Child a Thai Passport,which will also state on it "Nationality Thai"

You are then in a position to go to the British Embassy in Bangkok,with your documents,and request a British Birth Certificate (which is not cheap) you must do this in the first year of the Childs life to avoid complications.

They normally send off applications for Birth Certificates to the UK in batches,so there is a wait of 3 months before the British Birth Certificate is forwarded by Post to your home address,which will state on the Birth Certificate: "Claim to Citizenship..S2 (1) (a) British Nationality Act 1981) on it.Which gives the child the right of abode in the UK,the same as any other British Citizen.

At the same time you can apply for a British Passport for the child.Which will also state on it "BRITISH CITIZEN" (the British Embassy did not ask for my childs Thai Passport)

So yes Dual Nationality can be done.

There has been some talk over the years,that when the person becomes of adult age they must make a choice of Nationality,the UK has never forced a Citizen to make a choice,and up to the present, to my Knowledge neither has Thailand.

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Perfect answer. Thanks a lot .

Out of curiosity, roughly how much is charge??

Well it's been quite a few years now,but I can remember the Birth Certificate was 10,900 baht.as for the UK Passport,it may be best to look up the costs on the British Embassy website,the costs of everything has gone up quite considerably in the last few years,be prepared for a shock!

Edited by MAJIC
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You need a certified translation of the Thai birth certificate. A UK birth certificate is not necesarry, but makes it easier to obtain one because you than can get one from the registrar in the UK.

Some people wait till to go to the UK and than get a Britsh birthcertificate. I believe it is cheaper.

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He is saying that it is not required and of no real use overseas but can be obtained if you want at some point. It is basically just a recording of the Thai information in UK records from my understanding and, at least for marriage, most say totally not needed (as a translation of Thai certificate serves the purpose).

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I'm saying that strictly speaking a British birth certificate is not necesarry. The child already has a Thai birth certificate.

A Thai birth certificate however would need to be translated and certified as the real thing in order to use it in the UK. If you get a British birth certificate you would be able to just get an official one from the UK registrar.

If that is worth while to do is a personal decision. There are not that many moments you will need a birth certificate.

Do make sure you have at least 1 translated and certified (legalised) THai birth certificate for official use.

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When the child is born you will get a Thai Birth Certificate from the Thai hospital, You will need it Officially Translated into English at your local Thai Registration Office. On the Thai Birth Certificate and English Translation,it will state "Nationality Thai" you only need the Thai Birth Certificate to get the Child a Thai Passport,which will also state on it "Nationality Thai"

You are then in a position to go to the British Embassy in Bangkok,with your documents,and request a British Birth Certificate (which is not cheap) you must do this in the first year of the Childs life to avoid complications.

They normally send off applications for Birth Certificates to the UK in batches,so there is a wait of 3 months before the British Birth Certificate is forwarded by Post to your home address,which will state on the Birth Certificate: "Claim to Citizenship..S2 (1) (a) British Nationality Act 1981) on it.Which gives the child the right of abode in the UK,the same as any other British Citizen.

At the same time you can apply for a British Passport for the child.Which will also state on it "BRITISH CITIZEN" (the British Embassy did not ask for my childs Thai Passport)

So yes Dual Nationality can be done.

There has been some talk over the years,that when the person becomes of adult age they must make a choice of Nationality,the UK has never forced a Citizen to make a choice,and up to the present, to my Knowledge neither has Thailand.

But wrong.

The Thai hospital doesn't issue any birth certificate, it gives you a form to allow you to get a birth certificate from the Amphur office. Some hospitals run a service where they will goto the Amphur office for you and collect the birth certificate.

The British Embassy don't wait and send in batches, Consular birth registration is returned to you in approx 3-4 weeks.

1) You take the form from the hospital, mothers ID card, mothers Tabian Baan book, marriage certificate, your passport along to the local Amphur office to get the birth certificate, cost about 30bht

2) You have a translator produce an English translation of all the above documents (not Tabian Baan), including the Thai birth certificate, I paid 80bht per page, 200bht for all 3.

3) You take all the documents along to the British Consulate/Embassy and apply for a British Passport (and a consular birth registration certificate if you want one), cost about 15,000bht. The Consulate don't keep any of your original documents but will countersign the application forms to say they have seen the originals.

Edited by ludditeman
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Ok. Similar scenario as OP, but for USA/thai dual nationality. walk me through it please.

http://bangkok.usembassy.gov/service/birth-of-a-u.s.-citizen-in-thailand.html

Procedure

Note: Please fill out forms in advance-see below for appropriate links.

  1. Make an appointment online. The American Citizen Services section accepts applications for Consular Reports of Birth Abroad by appointment only. To make an appointment for this service, please go to ACS Appointment System Website.
  2. Complete form DS-2029, Application for Consular Report of Birth Abroad (PDF 52KB). Do not sign the form until instructed to do so at your appointment.
  3. Complete form DS-5507, Affidavit of Parentage, Physical Presence and Support. Do not sign until instructed to do so at your appointment.
  4. If applying for a passport at the same time, complete the passport application form DS-11. Both parents must sign the passport application for children under the age of 16, but do not sign until instructed to do so at your appointment. Please see additional passport requirements for children under the age of 16.
  5. Submit the completed forms listed above and required supporting documents (see below for details) to the American Citizen Services section at your appointment.

When you come for your appointment, please bring:

  • Your child-your child, even a newborn, must appear in person at our office at the time you make the application. There are no exceptions for this requirement.
  • Both parents (or a notarized consent from the non-appearing parent)

TH

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You need a certified translation of the Thai birth certificate. A UK birth certificate is not necesarry, but makes it easier to obtain one because you than can get one from the registrar in the UK.

Some people wait till to go to the UK and than get a Britsh birthcertificate. I believe it is cheaper.

At September 2010 it wasnt possible to obtain a certificate in the UK, regardless if the child was there or here.....application for birth cert had to be done in BKK, cost per child for birth cert and UK passport was 12,700 inclusive......things may have changed in the past 18 months though.

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When the child is born you will get a Thai Birth Certificate from the Thai hospital, You will need it Officially Translated into English at your local Thai Registration Office. On the Thai Birth Certificate and English Translation,it will state "Nationality Thai" you only need the Thai Birth Certificate to get the Child a Thai Passport,which will also state on it "Nationality Thai"

You are then in a position to go to the British Embassy in Bangkok,with your documents,and request a British Birth Certificate (which is not cheap) you must do this in the first year of the Childs life to avoid complications.

They normally send off applications for Birth Certificates to the UK in batches,so there is a wait of 3 months before the British Birth Certificate is forwarded by Post to your home address,which will state on the Birth Certificate: "Claim to Citizenship..S2 (1) (a) British Nationality Act 1981) on it.Which gives the child the right of abode in the UK,the same as any other British Citizen.

I always understood that the British Birth Certificate for a dual national child was an unnecessary expense, as you can apply directly for a UK Passport with the Certified Translated Thai Birth Certificate alone.

Never bothered to apply for the UK Passports for my kids as they are so b.....y expensive, only last for 5 years, plus we have no plans to travel to the UK/Europe at all in the forseeable future.

Will there really be a problem applying for a UK Passport for a dual national if the child is over one year old and what would it be?

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i didn't think there was a 1 year time limit to register the birth at bkk ?

also you don't get the same long and short form birth type certificate as if the child was born in the u.k - i don't think you ever will ?

if you register the birth at the british embassy in bkk or via a consulate in chiang mai etc you'll receive a single A4 size document on GRO water marked paper with a stamp - we went to the u.k and used it several times to proov citizenship.

it's marginly cheaper if you register it in the u.k at a later date but you have to goto london to do it i believe.

at the birth make sure you have correct english and thai translations of the babies name - you don't want any spelling mistakes at an early stage,

you can register the birth yourself at the birth registrations Ampur or some hospitals do it for you - if you do it yourself your name will appear twice once as father and once as person registerring.

personally i did everything i could but now i think it's not necessary.

when you get thai documents translated into english ask for many copies - they should only charge you for one and it doesn't cost them much to run off 3 or 4 at the same time.

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I am a Dutch national and have a baby with my Thai girlfriend and we are not married.

As I was not married I had to go to the Dutch Embassy in Bangkok with my pregnant girfriend and get a document from the Duch Embassy which stated that I recognize the unborn child as my child!

With that paper and the translated Thai document he was able to get a Duch passport as well.

Cloggie

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You need a certified translation of the Thai birth certificate. A UK birth certificate is not necesarry, but makes it easier to obtain one because you than can get one from the registrar in the UK.

Some people wait till to go to the UK and than get a Britsh birthcertificate. I believe it is cheaper.

At September 2010 it wasnt possible to obtain a certificate in the UK, regardless if the child was there or here.....application for birth cert had to be done in BKK, cost per child for birth cert and UK passport was 12,700 inclusive......things may have changed in the past 18 months though.

I believe you are correct the same thing was applicable to Registering the Birth of my child in May 2007,and yes of course things may very well have changed,and become easier.

My costs for the Registration of the Birth 6624 baht + Certified Copy of Entry (uk) 4248b + 40b (postage thailand) Total 10,912 baht.and all done by the British Embassy Bangkok.

With no passport added,at that particular time.

Edited by MAJIC
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Why do you need a British birth certificate ?

What complications are there if you don't apply for one ?

My son is 2 years old born in Thailand, he has both thai and British passports and only a Thai birth certificate.huh.png

Complications would arise if you needed to produce it,in a hurry,and didn't have it! but surely you already know what UK Bureaucracy is like? and you never know when it's going to be needed.

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You should be aware children born overseas to British citizens are British citizens by descent which means they have all the same rights as British citizens otherwise than by descent, except they cannot pass their British nationality on to children who are also born overseas. But, if their children are born in the UK, they will be British otherwise than by descent.

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Eleven years ago when my daughter was born in Bangkok, I went to the British Embassy and asked for British Nationality (which I assumed would be automatic). They point blank refused after asking the question "was I married to the mother?" They were very rude as usual, making me feel like I'd got a prostitute pregnant. I wasn't married to the mother at that time because I didn't have a death certificate from my first wife who died in Cyprus. The British Embassy gave me some forms and told me to go away. Reading the forms, I noticed a clause in small print which said it was possible to obtain British Nationality at the discretion of the home office but if they said no, you wouldn't get your money back. I called the British Embassy and asked about the clause and asked why they didn't bother explaining this to me while I was there. They just said it was new. Anyway, I did apply to the home office and did get a British Nationality for my daughter and then got her a British passport. No thanks to the British Embassy, I might add.

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In my experience, no one will be asked to renounce the citizenship of one or the other country of a dual national, except in the case of the person applying for employment in the military or government service. At this point, one is disqualified from service due to the potential conflict of interest. An interesting case of complications in this situation is one of an Israeli/US citizen that was serving in the US Army and failed to disclose his dual nationality with Israel. When he visited Israel, he was drafted into the IDF and had 2 years of compulsory service to perform. Upon his discharge from the IDF, he served an additional 2 years in a US military prison for desertion. Moral: Read the fine print from your consular office.

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We did it the opposite way. Our son was born in England so Birth Certificate was free. The Thai birth Certificate was about £1 from the Embassy in London. All we needed for that was the British Birth Certificate and my wifes ID card and copy of my passport.

He now enjoys both nationalities (well he's only 5 months)

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lm a Belgian citizen, my gf is philipino and we both are here in bkk for many years, our son is born 5 months ago , september 10,2011 and we got the thai birthcertificate.....and then it ends.....l cannot get a Belgian passport because l have no adress in Belgium anymore and the Philippine Embasy also cannot provide a passport ......so now l have to go back to my country , rent a room there ,wait till l got registrated their again , wich can take 2 months and in the mean time lm seperated from my family here , cost me alot of money (planes ...deposit for rent , rent , no work there so must take my money from here ) so we are looking for a solution to get my son a passport .......

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There has been some talk over the years,that when the person becomes of adult age they must make a choice of Nationality,the UK has never forced a Citizen to make a choice,and up to the present, to my Knowledge neither has Thailand.

AFAIK the former speculation is completely false for Thailand, the US and the UK. Some other countries disallow dual citizenship but not those.

Don't forget the military service issue for boys, I think that kicks in at 17 if he's in Thailand, I'm sure there are ways around it but haven't investigated (my boy's 5 now). . .

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The US website states dual nationality is possible but there can be problems arising from something like ... which government is imposing its laws. Say you are a dual citizen of Thailand and the US and you are in Thailand and you do something stupid and get arrested. How are you going to get the US government to help you when the Thai government will say he/she is a Thai citizen. Serious problems could arise for sure.

But on the plus side your child can own property in Thailand and can travel easier throughout the world because they are a US/UK citizen too!

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lm a Belgian citizen

l cannot get a Belgian passport because l have no adress in Belgium anymore and the Philippine Embasy also cannot provide a passport

I assume you mean you can't get a passport for your son? That sounds very strange, are you an ethnic Belgian or an immigrant. I find it hard to believe such rules fall within UN human rights agreements and treaties, usually Europe honors those more than other countries.

Of course each country has the right to define its own citizenship rules, but I've never heard of a legitimately proven child of a citizen being denied citizenship just because she was born overseas and the family continues to live overseas.

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