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Posted

We're applying for a UK visa for my other half, I need to confirm which of the following my son and I are:

*British citizen

*British citizen overseas

*British subject

*British national overseas.

ME: Born in UK in 1984 to British parents, moved to Thailand 2012

SON: Born in Thailand in 2014 to me (British) and Thai father.

Looked at the gov.uk website, received a few unhelpful email replies from the queries service... can anyone here help please?

Thank you :)

Posted

http://en.wikipedia.org/wiki/British_nationality_law

I think it is a bit more complicated. Apparently there are 6 types of British Nationality e.g. there is one "British Otherwise Than By Descent". You can find them all on the Wikipedia link above. Not all categories carry the right to live in the UK.

To try to answer your question I think that you are "British Otherwise Than By Descent" because you were born in the UK. Your son, provided he is registered at the British embassy ( I think before his 18th. birthday) is British By Descent. I think that you would both have the right to live in the UK should you wish to do so.

Posted

As you were born in the UK to at least one British parent then you are British otherwise than by descent; i.e. a British citizen.

This means that your son, as he was born outside the UK, is British by descent, which means he inherited his citizenship from you, and is also a British citizen.

British citizenship can only descend one generation, so his children will only be automatically British if they are born in the UK or a qualifying territory* (unless the other parent is British otherwise than by descent and they can inherit British citizenship from them).

Remember that to obtain a British passport for him you will need your long form birth certificate to show that you are British otherwise than by descent.

Forget about the other types; none of them apply to you or your son.

*The qualifying territories are all the British overseas territories, except the sovereign base areas of Akrotiri and Dhekelia (in Cyprus).

Posted

If your son moves to the UK and eventually has children then these can usually be registered as British citizens but this is discretionary!

If the children are born abroad and have few or no active links to the UK this may be more difficult to get.

Posted (edited)

If your son moves to the UK and eventually has children then these can usually be registered as British citizens but this is discretionary!

If the children are born abroad and have few or no active links to the UK this may be more difficult to get.

If the OP's grandchildren are born in the UK and his son has not lost British citizenship, then they will be born British citizens, fully able to transmit British citizenship to their children. Their ability to retain British citizenship will only be compromised by any other nationalities they might have. Of course, their may be complications if the UK breaks up. Edited by Richard W
Posted

Look at the ID page of your passport, it states what category you are under Nationality.

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