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Posted

The answer would depend on under which section of the British Nationality Act 1981, as amended, the child is claiming UK citizenship.

More details would be required. For example:

Place of child's birth

Father's claim to UK citizenship

Marital status of child's parents

etc.

Posted

If you are were married at the time of the child's birth, and you are British other than by descent (generally meaning that you were born in the UK), s/he will automatically be British and can apply for a British passport at the embassy in Bangkok. If you were unmarried at the time of the birth, and have since married, it is likely that the child will be British. If you are still unmarried, the child will not automatically be British and will have to apply for registration as a British citizen at the Home Office, via the embassy. This can take in excess of a year and is at the Home Office's discretion.

Scouse.

Posted

The parents are not married, only thing the father has is his name on Thai birth cert, childs birth was not registered with UK embassy (silly thing not to do), he is UK citizen from birth.

Story is falang meets bargirl, have a kid build a house, she plays about leaving the 3 yr old kid with every tom dick and harry while he is in UK working sending money. Now he's looking to take the kid to UK but looks like she will play him using the kid as a tool.

He has good famiy set up in Uk so now just looking at options whether to extend tourist visa or go back to UK and return in 1/2 months with required docs.

Posted
If you are were married at the time of the child's birth, and you are British other than by descent (generally meaning that you were born in the UK), s/he will automatically be British and can apply for a British passport at the embassy in Bangkok. If you were unmarried at the time of the birth, and have since married, it is likely that the child will be British. If you are still unmarried, the child will not automatically be British and will have to apply for registration as a British citizen at the Home Office, via the embassy. This can take in excess of a year and is at the Home Office's discretion.

Scouse.

Thanks Scouse, that pretty much sums it up going by the book, what I'm looking for is loopholes or experiences others have had getting around this, its not too sure now if the mother will play game or refuse to sign for a UK passport for the child, but I really dont know the ins and outs whether she needs to sign or not.

I've done some searches but come up with not much, any advice appreciated.

Posted

The current sitiuation is as Scouse described above.

If you are still unmarried, the child will not automatically be British and will have to apply for registration as a British citizen at the Home Office, via the embassy. This can take in excess of a year and is at the Home Office's discretion.

However, the Nationality, Immigration and Asylum Act 2002 should have made marriage unnecessary, with respect to children's British nationality status. The Act allows illegitimate children to claim to UK citizenships via their father's British nationality, similiar to children claiming British citizenships via their British mother's. Unfortunately, the Legitimacy provisions of the Act are not yet into force because of the difficulty in the regulations concerning proof of paternity taking so long to produce, as explained in the UK Parliament.

Posted

Even if the child were to get a British passport, would the father be able to take the child to the UK without the mother's permission, or first obtaining sole custody?

Posted

Essentially, the child won't get a British passport in the short term, so the other option is to perhaps consider getting him/her a Thai Passport and applying for a visa for the UK. Obviously, though, if the mother is being uncooperative, this might not be feasible.

I don't know about the implications of the child travelling with only one parent, although I suspect that the British authorities would not object providing s/he is a UK passport holder and is not a ward of court.

Scouse.

Posted
Even if the child were to get a British passport, would the father be able to take the child to the UK without the mother's permission, or first obtaining sole custody?

The father isnt looking to kidnap the child, we are asking what documents are required to get a UK passport for the child.

The child has already been to UK with mother and father on Thai passport.

Just looking for info what docs are required to get a UK passport without having to read through mountains of "Nationality, Immigration and Asylum Act 2002" docs.

Myself, i would have registered the birth at the Embassy within a few months, but as we all say, this is thailand, I have many friends that have kids here without registering the births in there respective countries.

If anyone has done this recently any feedback would be appreciated.

Posted
Myself, i would have registered the birth at the Embassy within a few months...

The child is not a British citizen, so the birth cannot be registered at the British embassy.

Scouse.

Posted

Myself, i would have registered the birth at the Embassy within a few months...

The child is not a British citizen, so the birth cannot be registered at the British embassy.

Scouse.

I knew a someone a few years ago who had a child to his Spainish wife in Thailand, both working diving instructors, and he registered the birth at UK embassy and got a UK passport for the child.

Posted
The father isnt looking to kidnap the child, we are asking what documents are required to get a UK passport for the child.
I was not suggesting that he was. But it is something he needs to be aware of, especially if the mother wont co-operate.

If he were to attempt to obtain a British passport or even a UK visa for the child without the permission of the mother, unless he has a document from a court or Ampur granting him sole custody or the mother's death certificate (I'm not suggesting anything sinister here either!), then he may well find that he has to prove that he is not attempting to abduct the child.

Hague Convention on the Civil Aspects of International Child Abduction

Child Abduction

Posted

Myself, i would have registered the birth at the Embassy within a few months...

The child is not a British citizen, so the birth cannot be registered at the British embassy.

Scouse.

I knew a someone a few years ago who had a child to his Spainish wife in Thailand, both working diving instructors, and he registered the birth at UK embassy and got a UK passport for the child.

That's because they were married! (Please read the foregoing posts)

I'm sorry, mate, but whichever way you cut it, from the circumstances you have described, the kid ain't British. You can hang on in the vain hope that someone will post what you want to hear, but that don't make it true.

Scouse.

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