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Can I apply for citizenship by descent?

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  • Can I apply for citizenship by descent?

    Hi. I need some help in regards to my eligibility to apply for citizenship by descent for the UK.

    I am half Welsh and half Thai and was born in Thailand in 1998. My father was born and raised in Wales and my mother in Thailand. They were not married when I was born but have since got married in the UK. We all currently live in Thailand.

    Will I be able to able for citizenship by descent? I have also read that because my parents got married after my birth I could already be a citizen? Is this correct?

  • #2
    Originally posted by gewalee View Post
    Hi. I need some help in regards to my eligibility to apply for citizenship by descent for the UK.
    I am half Welsh and half Thai and was born in Thailand in 1998. My father was born and raised in Wales and my mother in Thailand. They were not married when I was born but have since got married in the UK. We all currently live in Thailand.
    Will I be able to able for citizenship by descent? I have also read that because my parents got married after my birth I could already be a citizen? Is this correct?
    There are complicated rules regarding people born out of wedlock to British fathers before 2006. Your father was a British citizen "otherwise than by descent" when you were born, which normally means you are automatically a British citizen at birth, but only if you were a "legitimate" child in the case of birth to a British father before 2006. Birth out of wedlock does not necessarily mean you were illegitimate; if the laws of your place of domicile did not distinguish between children born in or out of wedlock, then you would have been considered legitimate either way. See this guide. It seems to say that Thailand does not distinguish between children born in or out of wedlock, so you should be a British citizen at birth. Some other countries do distinguish between children born in or out of wedlock, but consider a child legitimated if the parents later married; in those cases, the child would acquire British citizenship when the parents married (though again, it doesn't seem this is necessary in your case).

    And finally, even in the unlikely case that you were still not considered legitimate after your parents married (or if your parents didn't marry and you were never legitimated), you qualify to register as a British citizen now.

    So the three options for someone born out of wedlock to a British "otherwise than by descent" father before 2006 are: 1) you were a British citizen at birth, 2) you became a British citizen when your parents married, or 3) you can register to become a citizen now. In your case, I think it is #1.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I am not sure. In my case it worked out and I am still feeling really strange opening https://postcodefinder.net/ to find my zip code because before it was a different website as far as I lived in a different country.

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