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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7567
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a british Citizen born in England, i have not lived in

Resolved Question:

I am a british Citizen born in England, i have not lived in Uk for 18 year's i have a UAE residency but most of the time i live in Spain where i file tax a return, i also live in Thailand where my Thai son lives in Phuket with his mother.
I wish to apply for a British passport for my Thai son, his Thai mother and i never married so he is illegitimate in the eyes of the law.
I have read completely the MN1 form & guide and i believe we have all the correct documentation required.
But what i cannot see is if me not being a Uk resident effects the application? Also he has never lived in the UK, he lived with me in Spain until he was 6, then back to Thailand with his mother, he is now 15.
Can you clarify these two points for me -Regards
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What was your date of birth please?
Kind regards
Tom
Customer: replied 2 years ago.

06/04/1955 and my sons 25/05/1999

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
No, the “legitimacy” (an arcane but unavoidable word) and his residence outside the UK will not make a difference.
The British Nationality Act 1981 confirms under section 2(1) that a child born outside the UK to a father OR a mother (ie. either, as long as at least one) who is a UK citizen otherwise than by descent will be a UK citizen:-
http://www.legislation.gov.uk/ukpga/1981/61
This applies to all children born after 31st December 1982, when the Act came in to force.
Your son will be a UK citizen “by descent” which means that he has all nationality rights as other UK citizens except that he will not be able to pass on his citizenship to such of his children that are born outside the UK.
Residence does not affect the determining eligibility criteria under the Act and legitimacy is only relevant if the child is born before 1st January 1983 and only then in certain circumstances.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom

Can you recommend a suitable Uk lawyer i can put the application through to check before it goes to the home office in Liverpool

Regards Clive.

Expert:  Thomas replied 2 years ago.
Hi Clive,
I'm afraid that I cannot give recommendations under the terms of use of the site.
You can use the law society find a solicitor service though, if you are in Spain there will likely be a UK branch of a big law firm somewhere:-
solicitors.lawsociety.org.uk
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7567
Experience: UK Lawyer holding practising certficate for England & Wales.
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