UK Passport for Thai Niece

[Aussietraveller]

Hi All, Hoping for some advice on best way to proceed with this one.

I am in Australia with my wife and kids.

We are hoping to get my wife's Niece out here for a holiday soon.

She is 12 years old, Thai Mom, British Dad, and lived in Thailand all her life.

Her birth was registered at the UK embassy but she has no UK passport, but does have a Thai passport.

Long story, but her dad is not currently in possession of a valid visa, and has not been for a while now. He is in LOS but on long overstay.

Great guy but has made some poor decisions in the past, leaving him stuck now.

In order to get a UK passport for his daughter he will need to front up to the embassy, and basically is scared of the consequences due to his visa situation.

To get her to visit us in OZ it is much easier to get her here on a UK passport, and it also opens up a world of opportunity for her in the future.

I am aware of the obvious things like him needing to "man up" and not overstay, but am looking for advice on how to help his daughter who is caught up in this.

She is a great kid, and it is much easier for us to get her out to OZ to visit on a UK passport.

Any one who has come across this scenario or who has any valid and positive thoughts on this one, i welcome your input.

[7by7]

He will be applying to the British embassy for his daughter's passport; it is unlikely that they will be interested in his immigration status in Thailand or report him to the Thai authorities.

Details of how to apply for a British passport for her can be found here.

But; she is 12 and so born before 2006. Are his parents married?

Before 1st June 2006 British fathers could not pass their British nationality onto their children born abroad unless they were married to the child's mother.

Also, there are two types of British citizenship; British by descent and British otherwise than by descent (see here for explanation).

British nationality can only descend one generation, so as she was born outside the UK or a qualifying territory, she will only be British if her father is British otherwise than by descent. To prove this he will need his long form birth certificate, original, not photocopy. If he doesn't have this then he can obtain a copy from the GRO in the UK. (Note, that link takes you to the GRO for England and Wales. If born in Northern Ireland or Scotland he'll need to go to the appropriate GRO.)

Assuming her parents are married and her father is British otherwise than by descent, then she is British.

If her parents are not married or her father is British by descent, then she is not British. But it may be possible to register her as such.

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

or Children born abroad to parents who are British by descent and who have lived in the United Kingdom in the past

[ubonjoe]

If the she has a consular birth certificate her father may not even need to go to embassy from what I have read here https://www.gov.uk/government/publications/application-for-united-kingdom-passport-for-applicants-under-16-notes

A copy of his passport will be needed though along with her mothers.

Her application will need to be counter signed by somebody that has known her for 2 years that is British citizen (not a parent).

Also check here for more info. https://www.gov.uk/overseas-passports/y/thailand/applying/child

[Basil B]

Presume establishing right to "British Citizenship" is the important fact here, getting a passport once citizenship is acknowledged should be "a walk in the park"

If the child was registered at the British Embassy and given a British birth certificate does this make the child a British Citizen?

Also if the child was born before 21st May 2002 this could make a difference.

CHILDREN WHO ARE BORN OUTSIDE THE UNITED KINGDOM TO BRITISH

CITIZENS OTHERWISE THAN BY DESCENT

9. If your child is born :

• outside the United Kingdom before 21 May 2002, or

• outside the United Kingdom and the qualifying territories on or after 21 May

2002

and you were a British citizen otherwise than by descent at the time of the birth,

your child will be a British citizen by descent.

However, in certain cases, a child who is born to a British citizen otherwise than

by descent may also be a British citizen otherwise than by descent (see

paragraph 11 below).

The British Nationality Act 1981 contains special arrangements for children born

stateless in a British overseas territory to be registered as a British national.

Further information is in leaflet BN5, which is available on our website or from the

Nationality Quality and Enquiry Team or British Post abroad (see paragraph 19

below).

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn4.pdf?view=Binary

Edited October 27, 2013 by Basil B

[7by7]

Indeed, as he couldn't register her birth at the embassy if he wasn't

• married to the mother and
• British otherwise than by descent

that he has done so indicates that he was and she is British.

Sorry I missed that bit!

Edited October 27, 2013 by 7by7