Confused... It's a minefield!

[rhythm_doctor]

My name is Pete and this is my first post, so hi to everyone before i start...

It has been a rocky road over the last 10 years with lots of visa's and passports, but now it is time for the next stage and hopefully the last...

I am a British citizen since birth, i have a daughter born to an Indonesian, out of wedlock on 4th Mar 2006 in Indonesia

My daughter and mother of my daughter came to the UK in Nov 2007 and we were married in April 2008.

They were both granted indefinite leave to remain 27th May 2010

I now wish to obtain a British passport for my daughter as she has some school trips coming up abroad and applying for Visa's all the time is gradually wearing me down...

Am i to be applying for British citizenship? Would my daughter obtain a British passport with the Citizenship? Does my daughter automatically become a British citizen by descent? I'm confused...

If someone could point me in the right direction i would be eternally grateful

Kind regards

Pete

[milan69]

You might want to double check this but as far as I know if one of the parents is a British citizen at the moment the child is born, the child is a British citizen too.

[rhythm_doctor]

So all i have to do is send off for a British passport?

And to obtain the British passport i would need to send the following:

Indonesian birth certificate? To prove i am the father and that she is eligible (which has been translated by an accredited translator)

&

My daughters Indonesian passport to prove her identity?

[rhythm_doctor]

That's confused me now lol as my daughter had to get a visa to come over here and also had to get an ILR to stay...

[milan69]

https://www.gov.uk/british-passport-eligibility

[rhythm_doctor]

I think she only becomes a British citizen if she was born in the UK on or after 1st January 1983?

[rhythm_doctor]

The Check if you're a British citizen questionnaire says that my daughter "might be a British citizen"

"'You might be a British citizen, In most cases you’ll be a British citizen ‘by descent’. This means you can gain citizenship from one of your parents, but your own children won’t automatically become British citizens.

If you were born before 1 July 2006 and your parents weren’t married when you were born (and haven’t married since), you’re not a British citizen.'"

So my understanding is my daughter can gain citizenship by descent? She was born before 1st July 2006 and we were not married, but we have married since, so she is a British citizen?

I'm confused as she can gain by descent (so doesn't have citizenship) but we were married since she was born so she is a British citizen?

lol a bit late for all this

[Amber]

Assuming you're British otherwise than by descent (eg born in the UK to British parents) your daughter became British when you married the Mother (2008). This is because before July 2006 children could not acquire the nationality of illegitimate Father's. However, once you married you were a legitimate Father and thus the child became British (by a legitimated marriage). See section 47(1) BNA 1981.

You can apply for a British Passport for her.

[rhythm_doctor]

Thank you for your reply Amber, that is excellent news, has made my day!

So what documents would i send?

My daughters Indonesian birth certificate to prove i am father? Her Indonesian passport to prove her identity and our marriage certificate to prove her legitimacy?

[Amber]

And your birth certificate.

See also the guidance (click) documents and table b.

[rhythm_doctor]

And your birth certificate.

See also the guidance (click) documents and table b.

I'm back Hopefully Amber still uses this board...

i have just come across another section on the documents checklist which is making me wonder if i need my mothers birth certificate to carry out this application... I have applied online and now have all the documents to send off but, am now confused by this:

"Evidence of Grandparents claim to British nationality by providing their birth certificates and, in the case of Grandfathers, their marriage certificates where applicable. This does not apply if you are providing a consular or high commission birth certificate or your parents British nationality is based on registration, naturalisation or immigration status in the UK."

I do not know who my real grandfather is as my mother was an adopted war baby. My adoptive Grandfather is no longer with us, so i guess the grandfather part is out the question. Do i have to provide my mothers birth certificate (which she cannot find)... It says that this does not apply if you are providing a consular or high commission birth certificate, i am providing my daughters Indonesian birth certificate and certificate of birth, (they have 2 out there, one is from the hospital and one from the birth register office), these have been translated by a registered translator and stamped with a seal of approval here in the UK.

Confused, do i even need my mum's birth certificate?

Thanks in advance

Pete

[Amber]

Some passport documents are not required, so long as you provide the child's birth certificate, proof of Father's British nationality and the parents marriage certificate that should suffice.

[rhythm_doctor]

Brilliant thanks for your reply Amber, i shall send all that off this afternoon...

Thanks once again!

Pete

[Berliner90]

Does anyone know if I register my baby abroad.. does Consular birth registration certificate counts as decent or otherwise? I mean can my son pass the citizenship to his children with this certificate?

[CesarBB29]

I believe that as long as you are lawfully married and the child is under 18 when you got married, then the child has rights to become British.

[rhythm_doctor]

Thanks to everyone who posted in this thread, especially Amber...

My daughters British passport arrived yesterday

[Amber]

Congratulations!

[krispolard]

Hi everyone,
I hope this thread is still active, it seems to be a year and a half old.
I am in a similar situation: I am a UK citizen by birth, living in Mexico since 2001, also naturalised Mexican, but still have UK citizenship. I have two daughters, one is three, and the other was born last month. Their mother is Mexican, and we got married last August.
It seems to me that both my daughters are automatically entitled to British citizenship by descent, but I can't find out from the gov. website how to apply for this, and the embassy has not answered my email.
Do I just apply for their passports? How do I do that from here? Or, where can I find this kind of information explained in a clear and direct way?
We might be moving to the UK later this year for my work, and I think it would be easier if I can get my daughters UK passports before we go.
Thanks for any information or advice,
Chris

[vinny]

As your children's British citizenships are automatic, they cannot apply for British citizenships again. They may also optionally register their births or just apply for their passports directly.