New Immigration Act

[geoffphuket]

Under Section 9 of the UK Nationality Immigration and Asylum Act 2002, which came into force this month, children born to unmarried parents can take their nationality from their father.

[GuestHouse]

Can, or must.

Because ‘can’ and ‘may’ are not the same thing.

This strikes me as a fudge that is only going to lead to stateless children.

After all, Thailand doesn't control the nationality act of other countries.

So, for example. A man holding the citizenship 'British by descent' (which is not transferable to a child) has a child out of marriage with a Thai woman, she gives birth in Thailand - Under British Law The child cannot have his father's nationality.

Why not give the child the nationality of its mother, at least there's no argument over parent-hood

[Greer]

I thought a child born to a Thai woman in Thailand is Thai anyway, even if the parents are not married.

It sounds to me as if the law is saying that Thailand accepts that a child born to an unmarried couple can (meaning "may if they wish" in this instance) adopt the nationality of it's father. It doesn't sound as if they mean it is an exclusive arrangement.

As you say, Thailand has no jurisdiction to force any other country to accept a child born here as being a national of that country, but as I think the child is automatically Thai, the alternative nationality is optional - I could be wrong in this though...

Edited July 13, 2006 by Greer

[geoffphuket]

I thought a child born to a Thai woman in Thailand is Thai anyway, even if the parents are not married.

It sounds to me as if the law is saying that Thailand accepts that a child born to an unmarried couple can (meaning "may if they wish" in this instance) adopt the nationality of it's father. It doesn't sound as if they mean it is an exclusive arrangement.

As you say, Thailand has no jurisdiction to force any other country to accept a child born here as being a national of that country, but as I think the child is automatically Thai, the alternative nationality is optional - I could be wrong in this though...

Just to clarify an omission. This is a UK immigration act change - Not Thai. Sorry for any miss understanding.

I took the extract from an earlier Topic, which I can't locate now.

I've e-mailed the British Embassy in Bangkok to see if I can now get British citizenship for my Thai son. I was married after his birth, making citizenship impossible without me returning and becoming resident again in the UK.

[fourbaht]

Just to let you know you can infact now apply for UK citizenship for a child born out of wedlock. I have been in close contact with the UK embassy and they have confirmed this to me and I have an interview on the 22nd.

Your Thai GF will need will sign a copy of her ID card and passport in the pressence of a UK Embassy official.

It is better if you apply before your child is 7 if possible but after 7 as mine is does not rule out application.

I have the direct line and name of a the lady dealing with this at the UK Embassy, she is very helpful, anyone who needs help PM me and I will give you her number and name.

[vinny]

Just to clarify an omission. This is a UK immigration act change - Not Thai. Sorry for any miss understanding.

I took the extract from an earlier Topic, which I can't locate now.

I've e-mailed the British Embassy in Bangkok to see if I can now get British citizenship for my Thai son. I was married after his birth, making citizenship impossible without me returning and becoming resident again in the UK.

See Baby Born One Day Too Soon For A British Passport, ......left without citizenship

Under the old provisions, sections s2, s47 and s50(9) of the British Nationality Act 1981 would be relevant your son's acquisition of British Citizenship by descent. Your domicle at the time of marriage would be important.

[geoffphuket]

Just to clarify an omission. This is a UK immigration act change - Not Thai. Sorry for any miss understanding.

I took the extract from an earlier Topic, which I can't locate now.

I've e-mailed the British Embassy in Bangkok to see if I can now get British citizenship for my Thai son. I was married after his birth, making citizenship impossible without me returning and becoming resident again in the UK.

See Baby Born One Day Too Soon For A British Passport, ......left without citizenship

Under the old provisions, sections s2, s47 and s50(9) of the British Nationality Act 1981 would be relevant your son's acquisition of British Citizenship by descent. Your domicle at the time of marriage would be important.

Cheers Vinny,

As I suspected my place of domicile is all important. Fourbaht is attending an interview on the 22nd. He hasn't said if he's living in the Uk or here - I assume here. I look forward to knowing how he got on.

The post you mentioned was the one which I extracted the quote from.

[peterjackson]

Hey

If he is going to the British Embassy, he can't be living in the UK.

Kind Regards

Peter

[geoffphuket]

Hey

If he is going to the British Embassy, he can't be living in the UK.

Kind Regards

Peter

Sorry Peter, but he could! I visited the British Embassy many times with my first Thai wife... and lived and worked in the England at the time. Amazing thing air travel!

[peterjackson]

Hey Geoff

Sorry, I didn't make myself completely clear.

I actually meant living to mean permanently/domiciled and I took it to mean both parents.

Sorry if I confused the issue, I wasn't taking a 'swing' at your post. I was just pointing out that there are no UK Embassies within the UK, a point, that many people don't realise.

Regards

Peter

[the scouser]

Yes, the law has indeed now changed. A child born outside of the UK and out of wedlock will now automatically be British if the father is British otherwise than by descent. A child born in such circumstances in the UK will be British irrespective of how the father derives his British citizenship.

However, as far as I'm aware, the provisions are not retrospective, so a child born out of wedlock to a British father prior to 1 July is still going to have to either seek registration as a British citizen through the Home Office, or await his/her parents' marriage.

Scouse.

[Dragonman]

I thought a child born to a Thai woman in Thailand is Thai anyway, even if the parents are not married.

It sounds to me as if the law is saying that Thailand accepts that a child born to an unmarried couple can (meaning "may if they wish" in this instance) adopt the nationality of it's father. It doesn't sound as if they mean it is an exclusive arrangement.

As you say, Thailand has no jurisdiction to force any other country to accept a child born here as being a national of that country, but as I think the child is automatically Thai, the alternative nationality is optional - I could be wrong in this though...

Just to clarify an omission. This is a UK immigration act change - Not Thai. Sorry for any miss understanding.

I took the extract from an earlier Topic, which I can't locate now.

I've e-mailed the British Embassy in Bangkok to see if I can now get British citizenship for my Thai son. I was married after his birth, making citizenship impossible without me returning and becoming resident again in the UK.

Scouser is correct in that the law is not retrospective. However I don't see what your problem is, as you say you are now married. Rights to Citizenship of the child has not changed in this case, as far as I am aware. Only if you're not married! Who told you you need to return home? Whist such consideration was made by the Ministry in allowing non married parents, child citizenship, this has not applied where you have subsequently married.