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Posted

Here's the background info:

I've lived in Thailand since 2002, on 1 year multi 'B' visas. I have a Thai 'wife'. Although we have been through the village marriage ceromony, we are not officially married as yet. This is because I'm awaiting the decri absolute from my UK wife. That is expected in a couple of months from now.

However, my wife is pregnant and expecting the baby in early May. We are hoping that my UK divorce comes through in time for us to marry prior to the birth :o

Regardless of whether we are officially married or not when the baby comes, both of us want this baby to have a British passport, (as well as a Thai passport). Although we both live in Thailand, it seems sensible to get a UK passport, since you never know what may happen in the future.

Is it a relatively easy process to obtain a UK passport for this baby? Is it complicated if we are not legally married? And - prior to the baby's birth - should we be doing anything now to ease the procedure for obtaining this passport? (Eg - teaching the foetus to sing 'God save the Queen' etc!!

Any help is much appreciated!

Simon

Posted

I think Scouse will clarify this one, but in the meantime here's my take, if you don't marry before the birth you can still get a UK passport for child but it will be a little more difficult. Make sure your name is on the birth certificate as the father, and after the birth register the child at the British Embassy. Also its worth calling the embassy to get advice, I found them very helpfull on these issues.

look at this page too

http://www.britishembassy.gov.uk/servlet/F...d=1068717512679

He's a bit cut from the web page

British fathers cannot transmit their nationality to illegitimate children automatically (see below). If the parents marry after the child's birth, it is possible that the child's birth will be "legitimated" by its parents' marriage. In order for us to establish whether or not legitimation has taken place, we require both parents to sign paternity declarations in person at the Embassy (the fee for which is Baht 5,250) and the father to complete a "domicile questionnaire". Please ask for the declarations of paternity forms and the domicile questionnaire.

So you won't be able to register the birth until you establish the childs nationality, which means getting married, even if its after the birth, if you got your british nationality by descent (as I did) then its even more difficult

Good Luck

Posted

Thanks Phuketsiam. The info on the British Embassy page is very useful, but also rather worrying if we are not legally married at time of birth of the baby. Unfortunately, my UK divorce process took much longer to process than expected (she wanted 110% of my assets whilst I was only willing to give her 100%!!)

My divorce has a court-hearing in mid-February, at which time (or very soon after), the decree nisi should be pronounced. Then we need to wait 6 weeks for the decree absolute. So we might just make it in time. (I will tell my Thai wife to keep her legs together if she feels the baby is coming.....)

Simon

Posted

well if you don't make it, (you will need a day or two to get your decree absolute endored by the embasy and translated into Thai, and then get a marriage permit from - I can't remember where) - but if you don't make it, don't despair, you should be abe to 'legitimise' the baby once you do get married, also I advise getting scouse's input on this, as he is the expert, he will no doubt reply within a day or two :o

Posted

Simon,

Phuket Siam has hit the nail on the head (well, he is Scouse and a red-nose to boot, so must be a fairly decent chap).

For your child to be automatically British the second he/she is born, you must be British "other than by descent" (generally speaking, born in the UK) and be married to the mother. As the embassy site says, however, a marriage after the birth can "legitimate" it, but will involve more paperwork.

If all else fails, you can apply to register the child as a British citizen with the Home Office (not to be confused with registering the birth). However, this can take in excess of a year and the decision is discretionary so there is no guarantee of success. What I would do now, in readiness, is make sure that you have your own "long" birth certificate, and if you don't, get a copy from the GRO in the UK.

Cheers,

Scouse.

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