Citizenship

[rin0000]

Hi , my son he is Thai nationality 8 year old, and he will move to uk as I'm British citizenship just wonder if my son can get citizenship too? And how long do he need to live in Uk ? Does he need to live over 5years before he can apply for citizenship?..?

Does anyone have experiences? please help thank you

[Crossy]

I'm going to move this to the 'Other Countries Immigration" forum the experts live there

They will need a bit more information from you, such as:-

What is your nationality?

How did you acquire British nationality?

Are you the boy's biological father?

Does your son have any other nationality than Thai?

And probably loads of other stuff, good luck in your quest.

[7by7]

I am assuming the other parent is Thai and the boy was born in Thailand.

8 years old means that he was born before 1/7/2006, correct?

Prior to this, British fathers could only pass their British nationality to children born outside the UK or a qualifying territory if they were married to the mother.

So; are you his mother or father?

If his father, were you married to his mother when he was born?

As Crossy says, the type of British nationality you have is also important.

There are basically two forms of British citizenship; British by descent or British otherwise than by descent.

British by descent means that you inherited your British nationality from one or both of your parents; usually because you were born outside the UK or a qualifying territory.

British nationality can only descend one generation, so if you are British by descent then your children will only be British if they qualify in their own right by being born in the UK or a qualifying territory.

British otherwise than by descent means that you are British in your own right; usually because you were born in the UK or a qualifying territory and at least one of your parents is British or is legally settled in the UK or the qualifying territory where you were born, or by some other means such as naturalisation.

If you are British otherwise than by descent then your children will be British no matter where they are born.

So; if you are the boy's mother or if you are the father and were married to his mother at the time of his birth, and if you are British otherwise than by descent then the boy is already British.

In which case you should obtain a British passport for him before traveling to the UK. See How to apply from Thailand (First time applications) and Steps to apply for a child passport.

If you are British by descent, then the boy is not British.

Even if you are British otherwise than by descent, as he was born before 2006 he will only be British if you are his mother or, if his father, you were married to his mother at the time of his birth.

Even if he is not currently British, you may be able to register him as such. See Can I register a child aged under 18 as a British citizen?

From what you have said, I think that one of the following two would be the most suitable.

Children born before 1 July 2006 whose father is a British citizen but not married to their mother - section 3(1) applications

Children born abroad to parents who are British by descent and who are now living in the United Kingdom - section 3(5) application

It will be simpler to register him were he living in the UK, indeed for some categories of child registration he must have been living in the UK for at least 3 years before applying.

If he is not already British and/or does not have a British passport he will need the appropriate visa to enter the UK. As, I assume, it is your intention to live in the UK with him then this would be a child settlement visa.

See under children here.

Edited January 14, 2013 by 7by7

[beano2274]

I think the OP is the Thai parent.

Also the Op posted this some time ago\

http://www.thaivisa....k/#entry5872862

The mother has citizenship through living in the UK with her husband, but is the husband also the father of the child, if not can the mother pass citizenship to her son?

Edited January 14, 2013 by beano2274

[7by7]

Seems like it.

In which case, as the OP was not British at the time of the boy's birth then the boy is not British.

OP, follow the advice given to you in your other topic, and once the boy is in the UK you can apply to register him as British.

I think he would fall under Other cases where it is considered to be in the child's best interests to be granted British citizenship.

[rin0000]

Hi their, thanks for reply. I am the mother of the boy I've got British citizenship by marry English man and live in uk, my son born when I'm still Thai nationality I've got citizenship nearly 2 year ago...so in that's case my son will

My son will need to apply for visa right before enter uk?

My son need to live in uk for 3 years before I can register him as British ?

Or will my son get family visa and can he register as British once he is in uk straight away?

Thank you again

[7by7]

The first step is, as you say, to get him to the UK. For this he will need to apply for settlement as a child. See your previous topic Beano linked to above.

Because you are living in the UK without any time restriction then he will, if successful, be granted Indefinite Leave to Enter; which means he wont have any time restrictions on his stay either.

It also means that you will not have to meet the new financial requirements which came into effect last July; but you will need to show that you can financially support him and accommodate him adequately without recourse to public funds.

As he will have ILE he can apply for registration as British immediately he is in the UK. It is children aged 13 or over who need to have been living in the UK for at least two years (not 3) before they can apply.

I say he can apply; but I cannot say if he will be registered. Your situation is a bit unusual as in most cases, certainly all cases with which I am familiar, parent and child have applied together. However, as you are already naturalised as British I cannot see any reason why he would be refused.

But it's not my decision to make.

Edit:

I must add that as you were naturalised yourself 2 years ago that means you must have been living in the UK for at least 5 years.

In his settlement application you will need to explain why you have not applied for him to join you before now, what has changed so that you are now applying for him to join you and show that you have been exercising sole responsibility during the entire period you have been separated.

See SET7.8 What is sole responsibility?

Edited January 14, 2013 by 7by7

[rin0000]

Thank you 7by7 that's help alots thank you