Want to Move to UK Not Married

[leytonorient]

I am a UK citizen. My Thai partner and I divorced in 2013 but got back together about 6 months after divorcing. We now want to move to UK but not get remarried.

My question is if it is possible for my Thai partner to get a settlement visa in the UK based on a civil partnership? If so how do we prove it. We do have 2 children together.

 

Question 2 - Our daughter is 16 and was born before we got married, therefore she was illegitimate at birth. British law states that a child born to a British father illegitimately before July 1, 2006 is not automatically British. Since we were later married and now even though divorced, did that legitimize her to automatically be British? If not what can we/she do now to become British, what is the applying process for her to get citizenship?

 

It may sound strange I did not do my daughter's legal stuff earlier but the main reason is I am dual British/ Canadian and always thought we would end up in Canada (our kids have Canadian citizenship and passports). Now we decided we want to move to UK and our daughter wants to go to university there plus we have good friends and relations there.

 

I would really appreciate some helpful responses. Thanks.

[7by7]

2 hours ago, leytonorient said:

My question is if it is possible for my Thai partner to get a settlement visa in the UK based on a civil partnership? If so how do we prove it. We do have 2 children together.

 

No; civil partnerships are a legally entered into partnership similar to marriage for same sex couples only. They do not exist in Thailand anyway.

 

It is possible for her to apply as your unmarried partner. You would have to provide evidence to show that you have been living together in Thailand in a relationship akin to marriage for at least two years prior to her application.

 

I think you may also have difficulty in satisfying the Entry Clearance Officer that your relationship is genuine and subsisting and you are not merely helping your ex wife get into the UK.

 

See Apply to join family living permanently in the UK (I know that you are not currently living permanently in the UK, but for the purposes of her settlement visa you are deemed to be as you will be after you have both moved here.)

 

2 hours ago, leytonorient said:

Question 2 - Our daughter is 16 and was born before we got married, therefore she was illegitimate at birth. British law states that a child born to a British father illegitimately before July 1, 2006 is not automatically British. Since we were later married and now even though divorced, did that legitimize her to automatically be British? If not what can we/she do now to become British, what is the applying process for her to get citizenship?

 

Your subsequent marriage did legitimise your daughter and so she is British and can apply for a British passport; provided you are British otherwise than by descent; i.e. British in your own right because you were born in the UK and at least one of your parents is British.

 

She is British by descent because she inherited her British nationality from you and so her children would only be British if they were born in the UK or, if born outside the UK, their father was British otherwise than by descent.

Edited December 24, 2016 by 7by7

[Rc2702]

19 minutes ago, 7by7 said:

 

No; civil partnerships are a legally entered into partnership similar to marriage for same sex couples only. They do not exist in Thailand anyway.

 

It is possible for her to apply as your unmarried partner. You would have to provide evidence to show that you have been living together in Thailand in a relationship akin to marriage for at least two years prior to her application.

 

I think you may also have difficulty in satisfying the Entry Clearance Officer that your relationship is genuine and subsisting and you are not merely helping your ex wife get into the UK.

 

See Apply to join family living permanently in the UK (I know that you are not currently living permanently in the UK, but for the purposes of her settlement visa you are deemed to be as you will be after you have both moved here.)

 

 

Your subsequent marriage did legitimise your daughter and so she is British and can apply for a British passport; provided you are British otherwise than by descent; i.e. British in your own right because you were born in the UK and at least one of your parents is British.

 

She is British by descent because she inherited her British nationality from you and so her children would only be British if they were born in the UK or, if born outside the UK, their father was British otherwise than by descent.

So if my son is born in 2 months I cannot apply for a British passport for him unless I marry his mother who is thai?

[7by7]

The rules changed in July 2006.

 

Prior to that children born outside the UK or a qualifying territory with a British father and non British mother could only inherit their father's British citizenship if their parents were married.

 

Since July 2006 they can inherit their father's British nationality whether their parent's are married or not.

 

So, Rc2702, provided you are British otherwise than by descent, your son will be British and so can have a British passport.

[Rc2702]

4 minutes ago, 7by7 said:

The rules changed in July 2006.

 

Prior to that children born outside the UK or a qualifying territory with a British father and non British mother could only inherit their father's British citizenship if their parents were married.

 

Since July 2006 they can inherit their father's British nationality whether their parent's are married or not.

 

So, Rc2702, provided you are British otherwise than by descent, your son will be British and so can have a British passport.

Thanks 7by7 that's great news and very clear. Merry Christmas

[globalThailand]

12 hours ago, Rc2702 said:

So if my son is born in 2 months I cannot apply for a British passport for him unless I marry his mother who is thai?

 

Congrats on the imminent birth.  A word of advice, start the passport process as soon as you can.  I had my tickets booked way in advance, about 3 months before the travel date I sat down to have a look at all that was needed (my full birth certificate, MFA approved translation of my son's birth certificate etc etc) plus the approx 8 weeks processing time for applications overseas... a real headache!

 

[leytonorient]

15 hours ago, 7by7 said:

 

No; civil partnerships are a legally entered into partnership similar to marriage for same sex couples only. They do not exist in Thailand anyway.

 

It is possible for her to apply as your unmarried partner. You would have to provide evidence to show that you have been living together in Thailand in a relationship akin to marriage for at least two years prior to her application.

 

I think you may also have difficulty in satisfying the Entry Clearance Officer that your relationship is genuine and subsisting and you are not merely helping your ex wife get into the UK.

 

See Apply to join family living permanently in the UK (I know that you are not currently living permanently in the UK, but for the purposes of her settlement visa you are deemed to be as you will be after you have both moved here.)

 

 

Your subsequent marriage did legitimise your daughter and so she is British and can apply for a British passport; provided you are British otherwise than by descent; i.e. British in your own right because you were born in the UK and at least one of your parents is British.

 

She is British by descent because she inherited her British nationality from you and so her children would only be British if they were born in the UK or, if born outside the UK, their father was British otherwise than by descent.

Thank you for your help.

Regarding our daughter. As I said she was born October, 2000 before July 1, 2006. We got married in 2002 and then we got divorced in 2013. When we got divorced they took away our marriage certificate and then gave us divorce certificates.

Are you certain she was legitimized and is guaranteed British citizen. I am British otherwise than by descent. I was born there in 1958.

What do I need to show HMPO that she qualifies for a passport even though she was born illegitimately. What kind of documents do I need to produce to them if we no longer have the marriage certificate. Is the divorce certificate acceptable? Also she is 16 now and qualifies for adult passport does that change anything?

Thanks in advance.

[Rc2702]

2 hours ago, globalThailand said:

 

Congrats on the imminent birth.  A word of advice, start the passport process as soon as you can.  I had my tickets booked way in advance, about 3 months before the travel date I sat down to have a look at all that was needed (my full birth certificate, MFA approved translation of my son's birth certificate etc etc) plus the approx 8 weeks processing time for applications overseas... a real headache!

 

Thanks Global. Will wait a year or two before travelling but will prep all stuff as advised. Merry Christmas.

[7by7]

On ‎25‎/‎12‎/‎2016 at 4:27 AM, leytonorient said:

Thank you for your help.

Regarding our daughter. As I said she was born October, 2000 before July 1, 2006. We got married in 2002 and then we got divorced in 2013. When we got divorced they took away our marriage certificate and then gave us divorce certificates.

Are you certain she was legitimized and is guaranteed British citizen. I am British otherwise than by descent. I was born there in 1958.

What do I need to show HMPO that she qualifies for a passport even though she was born illegitimately. What kind of documents do I need to produce to them if we no longer have the marriage certificate. Is the divorce certificate acceptable? Also she is 16 now and qualifies for adult passport does that change anything?

Thanks in advance.

 

being 16 and so applying for an adult passport doesn't change anything.

 

As far as I am aware, that you and her mother are now divorced does not change anything either; your daughter became British when you married her mother and once British remains so.

 

One potential problem may be that according to the list of supporting documents as she was born before July 2006 she will need to provide

Quote

• both parents’ full birth certificates (showing both the child’s and parents’ details) or both parents’ naturalisation or registration certificates; and

• parents’ marriage certificate (this does not apply for those born on or after 1 July 2006).

 

Unless you are able to get a copy of your marriage certificate back from the ampur where you divorced, all I can suggest is supplying your divorce certificate instead with an explanation of why you have supplied this and not your marriage certificate.

 

But to be sure you can call the Passport Adviceline on +44 (0)300 222 0000 in the UK or email [email protected]

[leytonorient]

19 hours ago, 7by7 said:

 

being 16 and so applying for an adult passport doesn't change anything.

 

As far as I am aware, that you and her mother are now divorced does not change anything either; your daughter became British when you married her mother and once British remains so.

 

One potential problem may be that according to the list of supporting documents as she was born before July 2006 she will need to provide

 

Unless you are able to get a copy of your marriage certificate back from the ampur where you divorced, all I can suggest is supplying your divorce certificate instead with an explanation of why you have supplied this and not your marriage certificate.

 

But to be sure you can call the Passport Adviceline on +44 (0)300 222 0000 in the UK or email [email protected]

 

Thank you again for your advice. Happy New Year!