Domicile Questionnaire

[bkk_mike]

I know you said you're English, but if either of your parents was born in Ireland, there's another workaround if the British embassy decides not to issue a passport.

If EITHER of your parents was born on the island of Ireland (inc. Northern Ireland), then if they're still alive, they can apply for an Irish passport. With an Irish citizen parent, born in Ireland, you would automatically be able to claim Irish nationality, and your child can be registered as Irish regardless of where you were born (which would give the child an Irish passport and the right to live anywhere in the EU, including the UK).

Edited October 15, 2013 by bkk_mike

[7by7]

I have one daughter born in 2002 in Thailand, and I didn't have to fill in this domicile stuff when I got her passport, so I'm assuming the OP is British by descent (i.e. was born outside the UK). That makes the issuance of a British passport to your child more complicated.

As said earlier, the complication is because the child was born before 1st June 2006 and he was not married to his mother at the time of the child's birth.

Prior to this date, British fathers of children born abroad could only pass on their British nationality to their children if they were married to the mother.

As said before, he can apply to register her as British, if necessary, without her having to live in the UK first; if he can show ties to the UK. Hence this questionnaire.

That's the simple explanation. This topic has become complicated enough with people going on about tax, and even Thai law; both of which are irrelevant to this topic.

[bkk_mike]

What are your intentions at the present time regarding your future place of residence?

We intend to live in the UK. This is why we've applied for a settlement visa for my wife, British passport for my child, and I'm in the process of looking for a job.

Where is it your intention to retire?

Wherever my wife decides.

Where do you wish to end your days and be buried?

Wherever my wife decides.

Under what circumstances would your intentions change?

If I win the lottery, I would probably stop the search for a job.

[bkk_mike]

I have one daughter born in 2002 in Thailand, and I didn't have to fill in this domicile stuff when I got her passport, so I'm assuming the OP is British by descent (i.e. was born outside the UK). That makes the issuance of a British passport to your child more complicated.

As said earlier, the complication is because the child was born before 1st June 2006 and he was not married to his mother at the time of the child's birth.

Prior to this date, British fathers of children born abroad could only pass on their British nationality to their children if they were married to the mother.

As said before, he can apply to register her as British, if necessary, without her having to live in the UK first; if he can show ties to the UK. Hence this questionnaire.

That's the simple explanation. This topic has become complicated enough with people going on about tax, and even Thai law; both of which are irrelevant to this topic.

I thought he's married to the mother now.

Even pre-2006, I thought that, so long as he's named on the birth certificate, that the later marriage legitimated the child.

(you've also got a post that seems to be stating the same thing).

I'd been assuming he's British by Descent as now that he's married to the mother, the child IS British and he shouldn't have this domicile stuff to fill in.

Edited October 15, 2013 by bkk_mike

[bkk_mike]

My daughter was born before 1st June 2006, so she falls under the old law; a paternity declaration and a domicile questionnaire are mandatory. I belive assistance will be given with the questionnaire at the embassy. I don't want to waste time at the embassy, as they told me i should be able to submit all of the documents needed to get her a passport in one day.

What happens if a child 's Father has joint Irish & British citizenship?

That one or both parents have dual nationality makes no difference to a child's entitlement, or otherwise, to British citizenship.

Don't know about Ireland.

A person who is an Irish national at the time of his child's birth, can register his child as an Irish national. Since the children of anyone born in the island of Ireland (includes Northern Irish, etc.), can apply for Irish citizenship (if born before 2005 anyway), and their children are automatically Irish, it essentially means that Ireland still lets people be Irish based on born-in-Ireland grandparents, where the UK doesn't.

So long as the child registers their children when they're born, you can carry on passing on Irish nationality for several generations with none of them being born in Ireland.

It's actually a lot more similar to what Thailand does, than what Britain does.

And it's relevance to travelling to the UK is that an Irish passport holder gets in immediately (although they did close the EU Family Permit route for UK entry for joint Irish/British nationals.)

[stubuzz]

As said earlier, the complication is because the child was born before 1st June 2006 and he was not married to his mother at the time of the child's birth.

Prior to this date, British fathers of children born abroad could only pass on their British nationality to their children if they were married to the mother.

As said before, he can apply to register her as British, if necessary, without her having to live in the UK first; if he can show ties to the UK. Hence this questionnaire.

That's the simple explanation. This topic has become complicated enough with people going on about tax, and even Thai law; both of which are irrelevant to this topic.

BTW: I am a British Citizen.

[Richard W]

I'd been assuming he's British by Descent as now that he's married to the mother, the child IS British and he shouldn't have this domicile stuff to fill in.

The point of the domicile stuff is to establish that he was not domiciled in a country where subsequent marriage does not legitimate the children, e.g. Pakistan.

For example, if Abhisit Vejjajiva had never married his children's mother, his adult son would still have automatically been British, because his father was domiciled in Thailand. Unfortunately, I can't think of an actual example.

[Basil B]

Where do you wish to end your days and be buried?

that a bit of a dated question as most people are cremated nowadays.

[vinny]

47 remains applicable to 'parents' of children born prior to 1 July 2006. Hence, the domicile questions.

Edited October 17, 2013 by vinny