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[draftvader]

So worth paying for the British Birth Registration now.  This will save you PLENTY of admin once you arrive in the UK if you "suddenly" decide that a free "decent enough" eduction and healthcare suits her life.

[leigh0123]

Well I found out, after e-mail confirmation from the Home Office, that due to my daughters mothers still being currently married I must first complete the MN1 form and pay the handsome 540 quid fee + 65 quid handling - nice! I then must wait 4-6 months for decision. All documentation must be translated into English from Thai (obviously) and give to the Embassy. The MN1 form must be signed by both parents of the child and supporting evidence must be given. No mention of a DNA test has been asked for but I think it is best practice for me to do this and to include this with the application form. So, when I get the cash together I will apply. Unfortunately the lawyer fees at the beginning of this mess cleaned me out and them some so I am just getting by at the moment after the house move. I will be applying in a few months with a little bit of luck and maybe get home for christmas - hopefully...

[thaihome]

leigh0123, on 2012-02-20 12:02:32, said:

Well I found out, after e-mail confirmation from the Home Office, that due to my daughters mothers still being currently married I must first complete the MN1 form and pay the handsome 540 quid fee + 65 quid handling - nice! I then must wait 4-6 months for decision. All documentation must be translated into English from Thai (obviously) and give to the Embassy. The MN1 form must be signed by both parents of the child and supporting evidence must be given. No mention of a DNA test has been asked for but I think it is best practice for me to do this and to include this with the application form. So, when I get the cash together I will apply. Unfortunately the lawyer fees at the beginning of this mess cleaned me out and them some so I am just getting by at the moment after the house move. I will be applying in a few months with a little bit of luck and maybe get home for christmas - hopefully...

Would seem your case would fall under the note in the following section

Illegitimate children

Children born illegitimately before 1 July 2006 could only derive British citizenship

through their mothers. They could not benefit from their father’s British citizenship unless

their parents married and the birth was legitimated.

Children born illegitimately to a British citizen father on or after 1 July 2006 may derive

citizenship from him (as well as from the mother if she is also a British citizen) and will be

a British citizen from birth automatically provided there is satisfactory evidence of paternity.

From 6 April 2009 the definition of a “father” for nationality purposes was extended to

include female second parents under sections 42 or 43 of the Human Fertilisation and

Embryology Act 2008.

We may normally register the illegitimate minor child, born before 1 July 2006, of a British

citizen father under section 3 (1) if the criteria at a-c. (and, if appropriate, d.) below are all

satisfied:

a. We are satisfied about the paternity of the child; and

b. We have the consent of all those with parental responsibility; and

c. If the child had been born to the father legitimately:

i. the child would have had an automatic claim to British citizenship; or

ii. the child would have had an entitlement to registration under either section

1 (3), section 3 (2) or sections 3 (5); or

iii. we would normally have registered under section 3 (1). And, if appropriate

d. There is no reason to refuse on character grounds

12

NOTE:

Where a child’s mother is married at the time of the birth, her husband (and no other man)

is regarded as the father of any child born to her on or after 1 July 2006. However, cases

may arise where there is compelling evidence that someone other than the husband is the

child’s natural father. In such cases, where the child would have had a claim to citizenship

or entitlement to registration if the mother had been married to the natural father, we will

normally register the child under section 3 (1) if the above criteria are met.


Good luck, hope it goes well for you and your child.

TH

[bobrussell]

Prove you are the father (DNA test) and the child has an automatic right to be considered a British Citizen (by decent) full-stop. The only issue that may delay/block would be if someone with parental responsibility refuses permission. Even if this is refused it is the child that is entitled to citizenship and not those with parental responsibility to chose. I cannot believe that the British Embassy can refuse citizenship to anyone who is entitled to it as an 'accident of birth'. There have to be strong and specific grounds why a British citizen is going to be refused a passport!

For those under 18yrs there is the option for anyone with parental responsibility to prevent a child leaving the UK through the courts and I assume similar restrictions can be imposed by the Thai authorities. This is not the same as the right to British Citizenship!

Unless I read this wrong citizenship is a right but the right for that child to be removed from a country is not. Assuming the DNA test on samples from you and the child prove paternity claim citizenship, try to get a British passport as stage two then it may be necessary to take legal advice.

[leigh0123]

As the mother of my child is currently married to a Scottish bloke with full UK CItizenship my daughter qualifies as British Citizen by decent through him. However I hold all paternal rights in the UK regarding my daughter. On the basis of obtaining a passport I am kinda lucky (if I can wrap my head around the whole situation...) that my daughters mother is married to a British Citizen rather than someone of another nationality which would complicate the whole situation (well financially anyway). Home Office approved. So all is good apparently. I am now waiting on the Hong Kong department to process the passport.

Thanks for all advice much appreciated.

[Livinginexile]

leigh0123, on 2012-04-18 12:08:34, said:

As the mother of my child is currently married to a Scottish bloke with full UK CItizenship my daughter qualifies as British Citizen by decent through him. However I hold all paternal rights in the UK regarding my daughter. On the basis of obtaining a passport I am kinda lucky (if I can wrap my head around the whole situation...) that my daughters mother is married to a British Citizen rather than someone of another nationality which would complicate the whole situation (well financially anyway). Home Office approved. So all is good apparently. I am now waiting on the Hong Kong department to process the passport.

Thanks for all advice much appreciated.

Good news Leigh, I wish you all the best!
Let us know the final outcome.