Need a Lawyer to process my daughters' British Citizenship application

[p_brownstone]

I am the Biological father of a daughter born to a Thai mother some 11 years ago - we were not married at the time (nor are we now, however that is not relevant, nor am I named a the Father of the Thai Birth Certificate - which again is irrelevant).

The child is now eligible for British Citizenship and I am looking for a Lawyer in Bangkok to process the application; I have written to two different Lawyers in Bangkok but they are both somehow stuck on things like how I must first change the Thai Birth Certificate to include my name, how I may obtain Custody of the child under Thai Law etc. etc. - again non of this is relevant to what I want to do: I am referring to procedure under British Law, not Thai Law.

Can anyone suggest a reliable Law Firm who may be able to deal with most of the formalities (I am a little frail to be running around more than absolutely necessary!).

Thanks for any information.

Patrick

[7by7]

I can't recommend a lawyer in Bangkok, and suggest that if you feel the need for one that a lawyer in the UK who specialises in British nationality law would be best placed to advise you.

I am intrigued by your saying that your daughter "is now eligible for British Citizenship."

You say she was born "11 years ago." As she was born outside the UK or a qualifying territory before 1st January 2006 and her father, you, was not married to her mother and you have not married her mother since then she cannot automatically inherit British citizenship from you. Prior to that date, only unmarried mothers could automatically pass their British citizenship onto their children born outside the UK or a qualifying territory.

However, since 1st January 2006 it has been possible for her to apply to be registered as British, provided the conditions in GUIDE UKF Registration as a British citizen – A guide for certain persons born before 1 July 2006 to British fathers and whose parents were not married.

Among the requirements you will see

You will be entitled to registration if....

You never acquired British subject or CUKC status, but would have automatically done so had your parents been married at the time of your birth (Section 4I of the British Nationality Act 1981).
To apply under this provision you will need to prove your relationship with your natural father. To do this you will have to provide evidence of paternity. We will recognise a man as your father in the following circumstances, if you can provide genuine and reliable documents:
1. He is named as your father on a birth certificate issued within one year of your birth, or
2. A DNA test report shows he is your father, or
3. A court has ruled that he is your father or
4. You can provide other evidence that is sufficient to establish paternity.

[Richard W]

I am intrigued by your saying that your daughter "is now eligible for British Citizenship."

That sounds exactly right. As you say, she isn't British, but may be registered as British. What is more, registration is not at the Home Secretary's discretion. She may be registered as of right - provided her paternity can be demonstrated.

[p_brownstone]

Thank you both for the replies.

To clarify if I may, since the information may be of use to others in the same situation.

In July 2006 legislation came into force in the UK, entitled :The British Nationality (Proof of Paternity) Regulations 2006

http://www.legislation.gov.uk/uksi/2006/1496/pdfs/uksi_20061496_en.pdf

Unfortunately this was not made retroactive and therefore only applied to children born after the legislation was passed into law, ergo my daughter did not qualify at that time.

This was obviously unfair and discriminatory so several groups began lobbying MP's and Parliament to remove the "cut-off" date and this was eventually achieved earlier in 2015 - please see :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/437048/guide_ukf_registration_of_a_person_born_to_unmarried_parents_june_2015.pdf

and

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/425980/Chapter_7A.pdf

Which is why I mention that my daughter "is now" entitled to proceed with her Registration / Citizenship application.

Patrick

[bobrussell]

The authorities have almost always treated children before this date in a similar way to after, other than a bit more paperwork! I don't know of a single case where nationality was refused just because a child was born before this date. One of my nephews was born before, one after!

[Richard W]

The authorities have almost always treated children before this date in a similar way to after, other than a bit more paperwork! I don't know of a single case where nationality was refused just because a child was born before this date.

One of the unfortunate exceptions has posted on this forum before. In particular, he was wondering when the change in the law would come into effect.

[Paul888]

You don't need a lawyer. The UKF form is not so complex.

I did this for my 11 year old daughter although in her case she was born in UK and I was named on both birth certificates.

I think in your case as you do are not named, you will need DNA evidence or you have no chance.

Take a look at the https://www.gov.uk/government/publications/application-to-register-as-a-british-citizen-form-ukf which has both the guide referred to above plus the actual form.

It took me 6 months to get the certificate but it was a very new thing when I applied in April, so I imagine timescales will be reducing as more cases go through the process. With that certificate, I managed to get a passport applied for via Bangkok and in my hands within 11 days which was amazing.