Illegitimate Thai Child Wants To Come To Uk And Become British Citizen - Visa Question

[apiwan]

As a British Citizen your baby will be automatically British and you can fill in the smart form on Line for her British Passport and hand in the documents to the British Embassy in Bangkok. It Costs about 5000 Baht and the Passport will be posted to you if you like or can be collected from the Embassy after 4-6 weeks.

Thanks for replying but :/

To use the smart form you have to be in UK, as for handing in document s to embassy , that's all changed. Now

Application has to be DHL to hong kong

With no helpline either

UK cutting back again

[7by7]

As a British Citizen your baby will be automatically British

As previously explained earlier in this topic, the above is not necessarily true.

It depends on

• Whether the child was born inside the UK or qualifying territory.
  
• If born outside the UK or qualifying territory before July 2006 to a British father and non British mother, the marital status of the child's parents at the time.
  
• If born outside the UK or qualifying territory, whether the British parent is British by descent or British otherwise than by descent.
  

Edited September 9, 2012 by 7by7

[7by7]

Serious reason for coming to the UK would be to live with her dad wouldn't it?

That, in itself, would not satisfy the immigration rules regarding children; see post 9.

However, as later posts show, he can almost certainly register the child as a British citizen and she will then, of course, be able to enter and leave the UK as she pleases.

[apiwan]

As a British Citizen your baby will be automatically British

As previously explained earlier in this topic, the above is not necessarily true.

It depends on

• Whether the child was born inside the UK or qualifying territory.
  
• If born outside the UK or qualifying territory before July 2006 to a British father and non British mother, the marital status of the child's parents at the time.
  
• If born outside the UK or qualifying territory, whether the British parent is British by descent or British otherwise than by descent.
  

That might explain why my eldest born 2003 I married shortly after I had to register the birth

But my other sin born sep 06 I didn't

Yet both have British citizen in passport , but issued at FCO rather than UKPA like mine

Hope that helps

[Autumng70]

Hi not sure if this helps but my Thai GF and I had a baby earlier this year in Thailand, she lives there I live in the uk. I applied for a uk birth cert after she was born, in addition I applied for a uk passport via a visa agency which I got no problems at all.

[apiwan]

Hi not sure if this helps but my Thai GF and I had a baby earlier this year in Thailand, she lives there I live in the uk. I applied for a uk birth cert after she was born, in addition I applied for a uk passport via a visa agency which I got no problems at all.

Erm ,

1, the visa agency was in Thailand , Y/N ?

2. You have a entry of birth

( not a full British birth cert like your own )

You can only apply for a British passport from the UK if you are in the UK , or the child is in the UK.

Correct me if I'm wrong

[breadbin]

No worries. Simply,if you are the British born father of an illegitimate child born prior to July 2006 your child does not automatically qualify for Citizenship.

In the case that they are born before you have to prove paternity and provide other proof as discussed in my post in order to register.

My question is this:-

The OP KEEPS stating that the child is illigitimate. Why is she? She has a mother who recognises the father as the father, he is on the Thai birth cert, their seems to be no dispute in this. IMO the girl qualifies for a British passport.

Again, IMO only, it may be better to go to Thai, meet with teh mother and daughter and go to apply for a British Passport, do they need to know you are not together? Do they need to know the child will go to the UK? NO

They wont ask, you are applying for a passport, nothing else at that stage, once issued your daughter then can travel without application.

Have you tried this? It may be a much easier route and less expensive.

When my mated son was born they did exactly that, passport issued, no questions asked.

[breadbin]

Hi not sure if this helps but my Thai GF and I had a baby earlier this year in Thailand, she lives there I live in the uk. I applied for a uk birth cert after she was born, in addition I applied for a uk passport via a visa agency which I got no problems at all.

Erm ,

1, the visa agency was in Thailand , Y/N ?

2. You have a entry of birth

( not a full British birth cert like your own )

You can only apply for a British passport from the UK if you are in the UK , or the child is in the UK.

Correct me if I'm wrong

You are 100% correct, I did it!

Simple form.

Like my previous post, I am not sure where the problem lies, I am confused.

[breadbin]

Hi not sure if this helps but my Thai GF and I had a baby earlier this year in Thailand, she lives there I live in the uk. I applied for a uk birth cert after she was born, in addition I applied for a uk passport via a visa agency which I got no problems at all.

100% correct

I suspect there is another issue that is being witheld.

[Richard W]

I suspect there is another issue that is being witheld.

The problem is that because of when the OP's daughter was born, she is only entitled to obtain British nationality from her father if at some stage father and mother have been married. This has been retrospectively corrected, but only at the Secretary of State's discretion. Your child was entitled to British nationality; in the case of the OP's child, nationality has to be requested, and the request may be refused.

Foreign statutes concerning legitimacy have no effect on legitimacy under British nationality law. Marriage is the key consideration.

[Autumng70]

To answer your questions I used a Thai visa agency in pattaya, they applied to a uk birth cert & the uk passport. Simple as that really

[7by7]

It seems that some people have either not read or failed to understand the whole topic and the links contained in various posts.

The situation is quite simple.

Because the OP was not, and never has been, married to the child's mother and because the child was born before July 2006 then under British nationality law the child is not British.

She can, though, be registered as such, which should be a fairly straightforward procedure, and once this has been done she can, of course, obtain a British passport.

Posts from people saying that they were not married to their child's Thai mother yet simply applied for a British passport for them when that child was born after July 2006 wont change this!

[jpb23]

7by7 thanks for keeping this thread accurate, it will be useful for others in my situation.

[theoldgit]

Childish remarks removed, please keep things civil.

[Maestro]

Illegitimate Thai Child

What an unfortunate, pejorative label to put on a child in the 21st century.

You need to understand that in matters of citizenship, a lot of legal terms are used as these are precise, ie in legal parlance a specific term means only one thing and always the same thing, and concise, ie "illegitimate" is shorter than "born to parents who are not married to each other" (dictionary definition). The guide MN1, to which reference has been made in this topic, uses "illegitimate" ten times and there is nothing pejorative about it whatsover.

[jpb23]

Just one final question; in this case do translated copies of birth certificates need to be certified and notarised?

Thanks

[apiwan]

Just one final question; in this case do translated copies of birth certificates need to be certified and notarised?

Thanks

As I remember I had to translate them with a recognised translator , IE not the bird round the corner ,

I used a lawyer in nong khai, who stamped it and a copy of her credentials,

Are you submitting to the embassy for birth registration ?

[bobrussell]

Best to send a translation anyway. It will help when she gets to the UK. Oddly enough they did not require a translation when I applied for child benefit in the UK, just the original Thai one.

Everywhere else they like a translation with an official looking stamp on it!