Baby Born In Thailand Wife Has Uk Spouse Visa

[tingtongjay]

Hi, hope somebody can help....just found out wife is pregnant , she has uk spouse visa , and we live in the uk , we have already booked our tickets hotels internal flights for Thailand , flying out xmas eve for 1 month holiday, due date for baby feb 13....ok so, if my wife stays on and has baby in thailand will it be easy for her to come back with baby? ie get the baby uk passport? etc......or scrap holiday and have the baby here, neither of us wants to do this as we lose our holiday and 2000 quid

jay and ning

[MrZM]

I wouldn't even risk flying whilst your wife is pregnant.

You won't lose all your money, flights are refundable, as its 5 months until your trip you wouldn't have a problem.

Would be best for your child to be born in the UK!

You also have to consider the fact that your wife would have to spend a few months in Thailand, therefore she would have not soent the required amount of time in the UK to apply for ILR therefor she would have to apply for FLR and will cost you financially.

[theoldgit]

I agree that your wife is cutting it a bit fine flying at that stage of her pregnancy, some airlines will not allow pregnant woman to fly at the later stages, and the return flight is pretty near the due date.

I think that Thai hospitals are fine with delivering your child, though you may have to pay, if your wife had the baby in Thailand it could well delay the flight home and you could possibly have to fork out for a ticket.

Not all flights are refundable, even those purchased well in advance, it depends on the booking class and restrictions on the ticket.

Congratulations by the way.

[Puyai]

Yes it is possible for your wife to stay on and have the baby but I do know that you would apply for the child's passport in person at the British Embassy in Bangkok. You would need a translation of the birth certificate, your birth certificate and your passport, originals not copies. So if your not in the country this would be impossible to do. This also takes 4 - 6 weeks to process. Probably better to have the child back home, this way you'll be present at the birth!

[MrZM]

Your wife will be in Thailand for at least 5/6 months before and after birth.

If you value money over the safety of your family. That is very sad.

[samran]

Your wife will be in Thailand for at least 5/6 months before and after birth.

If you value money over the safety of your family. That is very sad.

There are 60+ million Thai's, nearly all of them born in Thailand and mostly in Thai hospitals. They did alright and so will the OP's child if he decides to have it in Thailand.

Edited June 4, 2013 by samran

[tingtongjay]

Hi please dont think we want to be stupid about this....its only a holiday!...after listening to the voices of reason and checking with airline we are postponing trip until after the baby is born....makes much more sense, although i would have no worries about my wife having a baby in thailand, we have had nothing but the best service in hospitals there( maybe because we have money)!.... Over here (uk) cant even get a doctors appointment!!!ha...thanks to all who took time to give advise, j+n

Sent from my GT-I9100 using Thaivisa Connect Thailand mobile app

[Jasun]

Your wife might need to fly out a little earlier than you, but having the baby in Thailand then going back home is easy. It'll take you about a week to get the birth certificate and Thai passport. A few copies and translations of docs, and you can then apply for citizenship through descendancy through your embassy in Bangkok, and with that comes passport. You can be home a month after the kid is born.

[theoldgit]

Your wife might need to fly out a little earlier than you, but having the baby in Thailand then going back home is easy. It'll take you about a week to get the birth certificate and Thai passport. A few copies and translations of docs, and you can then apply for citizenship through descendancy through your embassy in Bangkok, and with that comes passport. You can be home a month after the kid is born.

If the child is born in Thailand the IPA states that an application for a British Passport takes up to six weeks from the date of application until the new passport is delivered. Obtaining a passport in Thailand costs roughly double that of an application in the UK.

[Jay Sata]

Your wife might need to fly out a little earlier than you, but having the baby in Thailand then going back home is easy. It'll take you about a week to get the birth certificate and Thai passport. A few copies and translations of docs, and you can then apply for citizenship through descendancy through your embassy in Bangkok, and with that comes passport. You can be home a month after the kid is born.

If the child is born in Thailand the IPA states that an application for a British Passport takes up to six weeks from the date of application until the new passport is delivered. Obtaining a passport in Thailand costs roughly double that of an application in the UK.

The issue of a UK passport for a baby born in Thailand is carried out in Hong Kong and not Bangkok. The whole process can be done easily by post.

[7by7]

The application is sent to Hong Kong, but they apply from Thailand.

The process is simple(ish) but does take longer and is more expensive than applying in the UK would be.

You also have to consider the fact that your wife would have to spend a few months in Thailand, therefore she would have not soent the required amount of time in the UK to apply for ILR therefor she would have to apply for FLR and will cost you financially.

Wrong.

There is no limit on the amount of time someone can spend outside the UK whilst qualifying for ILR.

Although the applicant does need to show that they are normally resident in the UK; which might be difficult to do if most of the time was spent in Thailand.

[tingtongjay]

Yes i think this is right they state that no more than 3 months a year spent outside uk....unless you show that there were special circumstances ie like having a baby!

Sent from my GT-I9100 using Thaivisa Connect Thailand mobile app

[theoldgit]

If the child is born in Thailand the IPA states that an application for a British Passport takes up to six weeks from the date of application until the new passport is delivered. Obtaining a passport in Thailand costs roughly double that of an application in the UK.

The issue of a UK passport for a baby born in Thailand is carried out in Hong Kong and not Bangkok. The whole process can be done easily by post.

For a first passport for somebody in Thailand the applicant has to apply in person at the British Embassy in Bangkok.

[7by7]

Yes i think this is right they state that no more than 3 months a year spent outside uk....unless you show that there were special circumstances ie like having a baby!

Sent from my GT-I9100 using Thaivisa Connect Thailand mobile app

You think wrong.

I repeat, there is no limit on the amount of time a person may spend outside the UK whilst they are qualifying for ILR.

You are probably confused with the residential qualification for naturalisation as British., where there is a limit.

For the spouse of a British citizen this is that they must have been in the UK on the exact day three years prior to the application and during the last three years have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

There is some discretion on this period; the main one being absences due to periods abroad in Crown service by the applicant or their spouse.

Edited June 4, 2013 by 7by7

[evadgib]

Another consideration in the long term is that any child born in Thailand cannot pass on British citizenship to their own children (OP's grandchildren) if they too are born abroad and the other parent is non Brit.

[Jasun]

Another consideration in the long term is that any child born in Thailand cannot pass on British citizenship to their own children (OP's grandchildren) if they too are born abroad and the other parent is non Brit.

Good point. Conversely, if born in the UK, the child won't receive 'Thai by birth' status in Thailand.

[MrZM]

With the old spouse visa which was issued for 27 months. The visa holder had to spend 24 months if it in the UK. If they didnt they would have to apply for FLR.

I assumed the rules would be the same

Edited June 4, 2013 by MrZM

[MrZM]

Either way.

My child was born happily and healthily in Thailand. But I had to get my son a visa the first time using his thai passport I was unable to get his British passport as I didn't have my full length birth certificate.

All I'm saying is, it will be at least 6 months before your wife returns to the UK with your child. And to be honest I wouldn't take the risk of flying your wife who would be 7 months pregnant half way across the world.

I you checked to see if you could change your flights for the following year. Majority of airlines will refund your tickets.

I have refunds from emirates, etihad before when I have cancelled and re booked tickets from Thailand.

Money comes and goes, your decision, but really don't know why you have asked people to make the decision for you.

[Jasun]

Will they issue a UK birth certificate for children born overseas? Is it true the only way to get a Thai birth certificate is to register the birth at the district office within a month of the birth?

[7by7]

MrZM,

Yes, they do have to be resident in the UK for a certain amount of time for both FLR and ILR.

Under the new rules that is 30 months for FLR then a further 30 months for ILR., under the old rules not set time for FLR, 2 years for ILR.

BUT

There is no limit on how long someone may be outside the UK while qualifying for FLR and ILR.

The only residential requirement for these is that the applicant must show that they are normally resident in the UK and have been throughout the qualifying period.

As said, this may be difficult to do if more time has been spent outside the UK than in; but I repeat; there is no set limit.

Edited June 4, 2013 by 7by7

[7by7]

Jasun, you can register the birth at the embassy, but for all legal purposes in the UK it is the Thai birth certificate plus a certified translation that is required.

I am not sure about how to register a birth with the Thai authorities.

[samran]

Will they issue a UK birth certificate for children born overseas? Is it true the only way to get a Thai birth certificate is to register the birth at the district office within a month of the birth?

In Thailand, Thai birth certificates are issued by the district office of the area the child was born in, generally in the days immediately after birth. They then have to be put on the house registry (if a Thai citizen) within 14 days.

Outside of Thailand, the can ONLY be issued by the Thai embassy in the country which the child was born (or in the case of no Thai embassy in that country, the nearest Thai embassy which is responsible for overseeing that country). There is no time limit to get a Thai BC overseas at least. I didn't get mine for nearly 20 years.

[7by7]

Another consideration in the long term is that any child born in Thailand cannot pass on British citizenship to their own children (OP's grandchildren) if they too are born abroad and the other parent is non Brit.

Good point. Conversely, if born in the UK, the child won't receive 'Thai by birth' status in Thailand.

But they would still be Thai through their Thai parent and could obtain a Thai passport via the Thai embassy.

Edit; Samran beat me to it; and he knows far more about this than I.

Edited June 4, 2013 by 7by7

[samran]

Another consideration in the long term is that any child born in Thailand cannot pass on British citizenship to their own children (OP's grandchildren) if they too are born abroad and the other parent is non Brit.

Good point. Conversely, if born in the UK, the child won't receive 'Thai by birth' status in Thailand.

Actually, they will. Thai law is much less convoluted than nationality laws of most western nations.

A child is a Thai citizen by birth if born to a Thai parent, regardless of place of birth.

As such, it is more than possible under Thai law for a Thai person to move to (say) the UK, start a family, and that family stay there for generations. Under current Thai nationality law, Thai citizenship will be passed down to every subseqent generation, regardless of place of birth of the parents. All that one should do obviously is ensure a Thai birth certificate is issued each time, as proof of citizenship.

[Jay Sata]

If the child is born in Thailand the IPA states that an application for a British Passport takes up to six weeks from the date of application until the new passport is delivered. Obtaining a passport in Thailand costs roughly double that of an application in the UK.

The issue of a UK passport for a baby born in Thailand is carried out in Hong Kong and not Bangkok. The whole process can be done easily by post.

For a first passport for somebody in Thailand the applicant has to apply in person at the British Embassy in Bangkok.

Sorry to disagree Oldgit but not true. A friend has a baby born in Khon Kaen. He applied by post to Bangkok, got a birth certificate then applied for the passport by post. He dealt with a very helpfull lady at the embassy and the documentation was then forwarded to Hong Kong.

Saves time and expense if you live an hours flight from BKK.

[MrZM]

MrZM,

Yes, they do have to be resident in the UK for a certain amount of time for both FLR and ILR.

Under the new rules that is 30 months for FLR then a further 30 months for ILR., under the old rules not set time for FLR, 2 years for ILR.

BUT

There is no limit on how long someone may be outside the UK while qualifying for FLR and ILR.

The only residential requirement for these is that the applicant must show that they are normally resident in the UK and have been throughout the qualifying period.

As said, this may be difficult to do if more time has been spent outside the UK than in; but I repeat; there is no set limit.

Slight contradiction....

If there is no limit, then why is it 30 months for FLR and the 30 months for ILR, surely these are limits.

So you saying I can stay in Thailand until Christmas and then return to the UK with my wife who has a newly issued spouse visa, and would not have any complications when applying for FLR. If I was to do that my wife would have only spent 27 months in the UK (assuming we had no holidays). But then my wife wouldn't have spent 30 months in the UK prior to applying for FLR.

[7by7]

I cannot understand why you have difficulty on this.

I am talking about time out of the UK whilst qualifying for FLR and ILR; as your original statement on this is incorrect.

Your wife will need to have been normally resident in the UK for 30 months before she can apply for FLR, so she needs to enter for the first time within three months of her 33 months visa starting, and then again for a further 30 months after that before she can apply for ILR.

But during those periods there is no set limit on how long she can be outside the UK; as long as she can show that she has been normally resident in the UK for the entire periods.

[MrZM]

I cannot understand why you have difficulty on this.

I am talking about time out of the UK whilst qualifying for FLR and ILR; as your original statement on this is incorrect.

Your wife will need to have been normally resident in the UK for 30 months before she can apply for FLR, so she needs to enter for the first time within three months of her 33 months visa starting, and then again for a further 30 months after that before she can apply for ILR.

But during those periods there is no set limit on how long she can be outside the UK; as long as she can show that she has been normally resident in the UK for the entire periods.

Ok I understand that.

How can one person be resident in the UK if they have returned to there home country for a period of time?

If I understand you right. I can go back to the UK in August when the visa starts and then return with my family and stay a year in Thailand and then return for a year in the UK and this wouldn't affect any future applications?

[7by7]

The applicant has to show that they are normally resident in the UK and have been for the entire qualifying periods.

Obviously periods out of the UK for holidays would not effect this, but they may have difficulty in showing that they are normally resident in the UK if they have spent long periods outside.

However, there is no hard and fast rule on this and each application is judged on it's own merits. For example, absences because they accompanied their British spouse while the spouse was working abroad would probably be acceptable; as long as they had returned to live in the UK before they applied.

[MrZM]

The applicant has to show that they are normally resident in the UK and have been for the entire qualifying periods.

Obviously periods out of the UK for holidays would not effect this, but they may have difficulty in showing that they are normally resident in the UK if they have spent long periods outside.

However, there is no hard and fast rule on this and each application is judged on it's own merits. For example, absences because they accompanied their British spouse while the spouse was working abroad would probably be acceptable; as long as they had returned to live in the UK before they applied.

Ok I fully understand I just wanted to answers to my own queries, and thank you for your time

My question is:

In this case the OP wishes to have a holiday in Thailand and the leave his wife to have birth in Thailand, which could leave to an absence of 6months easily by the time passports, baby is healthy enough, etc...

In my opinion this is avoidable as there is no reason why the child shouldn't be born in the UK. As they know they are having a child already. Would this be acceptable when applying for FLR?