Paternity Paper Work

[mikeybee]

well hi and hope you can help i'am just in the process of applying for british citizen ship for my son we have just received the parenity paperwork which is straight forward and the passport application but the domicile questionnaire 1 that they give you is has some strange question's so i would appreciate any info from people who have seen this document and gone through the process.

cheers

mike

[vinny]

Was your son born before your subsequent marriage to his mother? What are the strange questions? I believe that the domicile questions are just to establish that your son can benefit from s2, s47 and s50(9) of the British Nationality Act 1981.

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.

s 50 Interpretation.

(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.

Under the Legitimacy Act 1976, the UK is a country that satisfies s47. However, if your son was born on or after 1 July 2006, then questions on domicile should not be necessary. See also Baby Born One Day Too Soon For A British Passport, ......left without citizenship.

Edited August 19, 2006 by vinny

[mikeybee]

thanks vinny for the feed back and help, as for my son's birth that was on 08/01/06 and we are not married as of yet due to getting my marriage of freedom cert but that is all in hand,as for the domicile i now understand after checking with the consulate web pages ,so thank's again mike

Was your son born before your subsequent marriage to his mother? What are the strange questions? I believe that the domicile questions are just to establish that your son can benefit from s2, s47 and s50(9) of the British Nationality Act 1981.

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.

s 50 Interpretation.

(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.

Under the Legitimacy Act 1976, the UK is a country that satisfies s47. However, if your son was born on or after 1 July 2006, then questions on domicile should not be necessary. See also Baby Born One Day Too Soon For A British Passport, ......left without citizenship.