Child born out of wedlock to UK father and EU mother, parents now married - is she British?

[gmtfd]

Hi all

I'm a British citizen. My daughter was born in 2004. Her mum is Italian. At the time we weren't married, but now we are.

My daughter is entitled to register as a British citizen, as set out in Home Office Guide UKF ("Registration as a British citizen: Persons born before 1 July 2006 to British fathers and whose parents were not married").

However, one paragraph in Guide UKF states:

"If your parents married after your birth you may already be a British citizen. This will depend on which country’s laws applied to your father at the time of the marriage.
Some countries’ laws – including the UK - state that where a child’s parents marry after the child’s birth, the child will be treated as if the parents had been married at the time of the birth. If your parents married after your birth you may wish to seek the advice of an immigration adviser."

Does this mean that my daughter is already a British citizen? I haven't been able to find any information online to help clarify the meaning of that paragraph.

Any help or advice very gratefully received!

Gareth

[secret.simon]

Where was the child born? Where did the marriage take place? Where was the British citizen father born?

Legitimization and domicile

Keep in mind that legitimization laws vary between the four nations of the UK. The law applying to England and Wales is here, for instance. Which nation of the UK are you domiciled in?

Form UKF costs only £80. It may be cheaper to spend £80 on Form UKF and let the Home Office determine whether the child is already a British citizen, compared to consulting a lawyer.

I believe that if they find that the child is already a British citizen, the £80 will be refunded, but I am not sure of that point.

[gmtfd]

Thanks so much Simon, that's the reference I was looking for!

The answer to all three of your questions is England.

I can see that s. 47 BNA 1981 has been repealed:
http://www.legislation.gov.uk/ukpga/198 ... 2006-07-01
Am I right in thinking that it continues to apply to my daughter because it was the law in force at the time of her birth?

So, if my daughter is entitled to a British passport, how do I go about applying for one for her? The online form doesn't seem to be able to deal with these types of situations.

Regards

Gareth

[secret.simon]

You could try a paper application form from the Post office, along with a cover letter explaining your research into the law.

[Richard W]

I can see that s. 47 BNA 1981 has been repealed:
http://www.legislation.gov.uk/ukpga/198 ... 2006-07-01
Am I right in thinking that it continues to apply to my daughter because it was the law in force at the time of her birth?

Right conclusion, wrong logic.

Firstly, Section 47 has not been repealed. The key point is that the Nationality, Immigration and Asylum Act 2002 Section 165(5) ordains, 'Section 9 shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order', and it is Section 9 of that act that changed the definition of 'father'. The data appointed is the 1st July 2006. Thus, the scope of Section 47 has been changed - and still includes your daughter.

The editing of BNA 1981 in this respect is very bad. The editors of the published updated laws don't seem to be able to handle the scope of an enactment being changed when the wording of an amendment does not make it clear. There are other cases where two different forms of a section currently have effect, depending on other conditions.

[gmtfd]

Thank you Richard, that's really helpful. I'm all set to get that application in now

Gareth