A Nationality Issue

[sua yai]

Excuse me, but here's one for the experts.

My friend has a son of 20 mths. He and his, now wife, were officially married less than a month after the birth. Officially, they were "together and married" for years before - but not officially. It was a Buddhist wedding etc.

The problem is this:

Their son is registered in Thailand and has a Thai passport already. My friend has asked , through me, how long he had to apply to the British Embassy? He, admittedly got lazy, didn't look at all the words on the Embassy website, or misunderstood them.

The rub is that The Embassy are saying that strictly speaking his son is illigitimate. They do suggest that it's resolvable with the requisite fee paid and appointment made.

Now, this is obviously worrying my friend.

As far as my friend is concerned, through numerous emails and replies, a resolution is possible. However, there are a number of issues that have not been answered yet, despite the questions having been asked. Namely :

1. Countersignature for the son. Does this have to come from England? I don't think so, but what will suffice?

2. The Embassy have said that the son's British birth registration has to be done with in 12 mths of his birth, if it's out of wedlock.

Additional info is that my friend has been here for 8 years with work permits etc. Oh yes, and his wife is pregnant agin, so I don't think they'll make the same mistake again.

They're just worried about their first-born.

Any info would be well appreciated.

[Moonfruit]

With due respect, your friend should get his ass to the Embassy and sort it out himself.

He got lazy? For over a year?? Thats just rediculous. Not a great way to start out taking care of the nipper eh. Hope things improve.

My daughter was registered as a British citizen within 4 weeks of her birth, though it was rather eaier because of my marriage status.

I would suggest that he goes to the embassy with hat in hand and get the gen. Illegitimate children (though i hate to use that derogatary phrase) are just not recognised.

[vinny]

See also Nationality Instructions.

Is the father a UK citizen otherwise than by descent, e.g. was he born in the UK?

Where was he domiciled at the time of marriage?

Edited July 21, 2006 by vinny

[sua yai]

With due respect, your friend should get his ass to the Embassy and sort it out himself.

He got lazy? For over a year?? Thats just rediculous. Not a great way to start out taking care of the nipper eh. Hope things improve.

My daughter was registered as a British citizen within 4 weeks of her birth, though it was rather eaier because of my marriage status.

I would suggest that he goes to the embassy with hat in hand and get the gen. Illegitimate children (though i hate to use that derogatary phrase) are just not recognised.

Yeah, I suppose you're right. But, for your info, he had asked about nationality on this forum before - again through me - and thought that he had ages to sort the situation out. The thing was that he and his wife registered the birth and then got the passport with the Thai authorities first after the advice given here and they just didn't think that his marital status at the time of birth would make a difference to the British authorities.

Obviously, it does and he knows it now. However, I don't think I'll put things to him quite the way you did, because to suggest he dosn't care for his son is simply not correct.

[sua yai]

Thanks Vinny. He's been through the nationality link and it forms the basis of his email correspondence with The Embassy so far. However, the information given by The Embassy misses out the details I mentioned in my original post.

Yes, he a Brit by birth, but I don't think he's seen the second link re domicile. I'll pass that on.

[vinny]

See also sections s2(1)(a), s47 and s50(9) of the British Nationality Act, 1981, as amended.

s 2 Acquisition by descent.

(1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother--

(a) is a British citizen otherwise than by descent; or

s 47 Legitimated children.

(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.

(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.

s50

(9) For the purpose of this Act--

(a) the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but

( b ) subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him;

and the expressions "mother", "father", "parent", "child" and "descended" shall be construed accordingly.

If the father satisfies s47(2) (e.g. if the father was domiciled in the UK at the time of marriage) then under s47(1) the child will be treated as if he had been born legitimate. In which case, I believe the child is a UK citizen by descent under s2(1)(a); UK citizenship by registration should not be necessary. If registration is not necessary then any registration associated time limits will not be applicable.

As an aside, changes in the nationality law has just come into force making it easier for illegitimate children born after 1 July 2006 to acquire British citizenship via their unmarried father's UK citizenship. See also New Immigration Act, Can ayone confirm this?, Baby Born One Day Too Soon For A British Passport, ......left without citizenship and associated links.

[sua yai]

Thanks again, Vinny