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Posted

I'm sure it's been covered before, but since the rules seem to change all the time I wanted to get this straight and hopefully hear from those with recent experience.

My wife is Thai, I am British living here on a work permit and Non Imm B visa. We have a 10 month old baby girl who was born here, who obviously we would like to have dual nationality.

We are planning a trip to Europe later this year, so I was planning on getting her UK passport first, but I have heard that this might make it more difficult to get Thai nationality in future.

Anyone got any recent experience of this, and/or know whether I should do anything on the Thai side before getting the UK passport?

Thanks in advance

Posted

You should get both passports - very simple and then use Thai to exit (showing UK to check-in) to prove visa not required and UK for entry/exit UK and Thai again for return to Thailand.

Child has Thai nationality by birth of a Thai mother just as UK by you being father. No timing issues.

Posted

Firstly, the law doesn't change all the time, the thai nationality act has only been amended twice since 1992 ( the year dual nationality first became possible) and those amendments have generally broadened to scope of eligibility. Hopefully your fears are allayed on that front.

The thing to understand is that your child is already a thai citizen. The birth certificate will state it as such, given your child was born to a thai national.

So all you have to do is apply for a thai passport in the same manner as any other thai child would (which is quick and easy and only takes three days to receive).

The child then:

Departs Thailand using the thai passport.

Enters the UK on the British passport.

Departs the UK using the British passport.

Re-enters Thailand on the Thai passport, so she has no limit on her stay.

Posted

Hi my experience is based from applying in the UK but I beleive it is still relevant.

Our little boy is 2 1/2 he has both a thai & a UK passport, we applied for both very close together when he was only 3 months.

Our little Girl received her UK passport a month ago, only took a week, have an appointment at the end of the month at the embassy to apply for her Thai birth certificate & passport at the same time.

Should all be very straught forward and expect no problems.

Posted

Child has Thai nationality by birth of a Thai mother just as UK by you being father. No timing issues.

The child is probably British, but may not be; it depends on how you obtained your British nationality.

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; unless their other parent is British otherwise than by descent, in which case see below.

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 and no matter the nationality of the other parent.

That is the basics, there are variations depending on when you were born etc. For the full picture see Who already has British citizenship?

Posted

Child has Thai nationality by birth of a Thai mother just as UK by you being father. No timing issues.

The child is probably British, but may not be; it depends on how you obtained your British nationality.

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; unless their other parent is British otherwise than by descent, in which case see below.

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 and no matter the nationality of the other parent.

That is the basics, there are variations depending on when you were born etc. For the full picture see Who already has British citizenship?

Good point hadn't thought about that

Posted

Not many people do, Waterloo; assuming they know about it in the first place.

This is why the OP will need his long form birth certificate when applying for his daughter's British passport as this will show whether he is British by descent or British otherwise than by descent.

Assuming he is British otherwise than by descent then his daughter is British by descent. Which means, of course, that her children wont be British unless they are born in the UK or a qualifying territory or if born elsewhere their father is British otherwise than by descent.

Posted

Thanks for the input, very helpful.

I am British, born in the UK of two British parents so she is eligible for UK citizenship - as I understand it if she has children (being British but born outside of the UK) then her children won't automatically be British citizens. That's far enough ahead not to be a concern!

In the process of getting my long form birth certificate now.

Thanks again.

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