Thai passport for UK born baby

[firefly69]

Hi Folks,

My Thai wife is expecting our first baby, we are living in Scotland, my wife is on a marriage visa but we will be applying for the spouse (FLR) visa soon...once the baby is born I'll get a British passport for it, but

my question's are 1. once the baby is born, how do I go about getting a Thai passport for it, I presume it will have dual nationality?

2. once granted the spouse (FLR) how much time does my wife have to remain in the UK to qualify for the second part of the visa, I believe it's split into to parts is it 5 years each......or is it 2 years each part??

thanks guys

[7by7]

1) Yes, you baby (congratulations, by the way) will be both British and Thai.

To apply for his/her Thai passport you first have to register their birth at the Thai embassy; you can apply for their first passport at the same time. See Register a Birth (Thai Birth Certificate)

2) You say that your wife is "on a marriage visa."

Do you mean a 33 month spouse visa or a 6 month fiance visa?

If a spouse visa, then after she has been in the UK for 30 months she applies for FLR. This will be valid for a further 30 months after which she applies for ILR.

If a fiance visa, then after the marriage she applies for FLR; which will be valid for 30 months. At the end of this she applies for another FLR; again valid for 30 months. At the end of that she applies for ILR.

Whichever, there is no fixed maximum time allowed out of the UK whilst qualifying for the next stage.

However, with each application she will need to show that the UK is her principle residence and has been for the entire validity of the previous visa or leave to remain.

This may be difficult to do if she has spent more time out of the UK than in!

For guidance on FLR and how to apply, see Apply to remain in the UK with family

Note that she (you) will also have to pay the new NHS surcharge.

[firefly69]

Thank you 7by7 she is on a fiance 6 month visa....We will aply fir the FLR visa next, she will be in the UK until the start of next year I hope but she's not keen on staying here lo g term....that's why I was wondering about the amount of time she needs to stay in the UK to qualify for the second part of the FLR visa.

Thanks for the informative reply

[7by7]

<snip>

she's not keen on staying here lo g term....

Remember if she is out of the UK when her FLR expires, she will have to apply for a new settlement visa and start the whole process all over again if you and she want to return to the UK to live; or she will need a visit visa if you are living in Thailand and want to visit the UK.

Another thing to consider is that if she stays for the five years it takes to get Indefinite Leave to Remain and then you move to Thailand, if she spends more than 2 consecutive years outside the UK her ILR will lapse and she will need the appropriate visa to enter the UK again.

Additionally, if she lives outside the UK and just uses her ILR for regular visits and this becomes apparent to immigration when she enters the UK, then they will question her as to her intentions and if not satisfied that she is a UK resident they will cancel her ILR; although she would be allowed in as a visitor on that occasion.

So better, in my opinion, to stay a bit longer and obtain British citizenship; which she can apply for once she has ILR.

The residential qualifications for citizenship are tougher than for FLR or ILR. As she is the spouse of a British citizen they are:-

• She must be living in the UK with no time limit on her stay; i.e. ILR;
• she must have been legally in the UK on the exact date three years prior to UKVI receiving her citizenship application, the type of visa or leave to remain she held at that time doesn't matter; and
• during the three years prior to applying she must have spent no more than 270 days out of the UK, with no more than 90 days in the final year. (There is some flexibility on this, with periods of 300/100 days usually ignored and longer periods allowed depending on circumstances, e.g. accompanying you if you work abroad.)

There are, of course, other requirements; see British citizenship basics for more.

Note that having satisfied the language requirement for ILR, B1 in English speaking and listening plus passing the LitUK test, she wont have to do so again for naturalisation.

Once she is British she will, of course, be able to enter and leave the UK as often and for as long as she wishes; just as you, I and every other British citizen can.

[firefly69]

Thanks again 7by7...really informative and thourough answer....got all the info I need now thanks....will tell the wife....she won't be impressed...will see what she thinks but to be honest I would rather live in Thailand as well...