Domicile interview - British Embassy

[Bembaman]

As part of registering my child's British nationality, she being born before my wife and I married, I have to submit a questionnaire and then undergo an interview to basically prove my attachment and contact with the UK and future intentions etc and it is scheduled for 2 weeks from now.

 

On paper I should have no problems but has anyone here been through this interview? If so, what did they focus on, any tips?

 

Thanks.

[New Petchburi Pete]

Just a note for comparison. This was not part of the process by the U.S. Embassy when we registered our son's birth (in Bangkok) abroad and filed his application for U,S. citizenship.

[..]

Ya. This is one area we have it over our UK brothers. If a US citizen, any offspring ("legitimate" or not) automatically qualify for citizenship no matter where the family lives.

 

The UK guys, on the other hand have the following rules:

 

You will be able to transmit your British nationality to your child born overseas if you acquired your British nationality "otherwise than by descent". If you were born in the UK, naturalised in the UK or (in some, but not all cases) registered in the UK, you acquired your British nationality otherwise than by descent. If you are not sure, please ask us for further advice.

 

If you were born overseas to a British parent, you acquired your British nationality "by descent" (unless your father was in Crown Service at the time of your birth). Your child born overseas will not automatically have a claim to British nationality but it may be possible to register him or her as a British Citizen at the Home Office or ask us for form MN1. If your intentions are to settle in the UK you will be advised to apply in the UK.

 

British fathers cannot transmit their nationality to illegitimate children automatically (see below). If the parents marry after the child's birth, it is possible that the child's birth will be "legitimated" by its parents' marriage. In order for us to establish whether or not legitimation has taken place, we require both parents to sign paternity declarations in person at the Embassy (the fee for which is Baht 5,250) and the father to complete a "domicile questionnaire". Please ask for the declarations of paternity forms and the domicile questionnaire.

 

The purpose of this is to establish whether the father has retained a domicile in the UK (this basically means close connections) and can therefore benefit from the provisions of British nationality law. The completed domicile and documentation will be sent to the Foreign and Commonwealth Office in London. Those applying should expect to receive a decision in 8 weeks.

 

British mothers, whether married or not, may transmit their nationality to their children. However, in order to include the father's name on the birth certificate we require either the parents' marriage certificate or paternity declarations signed by both parents in person at the British Embassy. The fee for the paternity declarations is Baht 5,250. Please ask for the declarations of paternity forms. Please note declarations are 24 hours service.

 

British Fathers, who are not married, can now apply to register children who are born abroad, with the Home Office. It must be noted this is discretionary. Those applying should expect to receive a decision in 12 - 15 months. The fee for this will be £200 plus Baht 3,075 please ask us for form MN1. The fee is not refundable.

 

Shitty deal for them IMHO!

 

Cheers,

SD

[Guest]

If a US citizen, any offspring ("legitimate" or not) automatically qualify for citizenship no matter where the family lives.

 

This is not true.

 

The out-of-wedlock offspring born abroad of an American mother and non-American father qualifies if the mother was present for 1 contiguous year in the US at some point before the child is born.

 

The out-of-wedlock offspring born abroad of an American father and non-American mother may qualify but the residence requirements are more stringent and there are additional tests and conditions, including swearing an oath of support for the child until it's 18, plus some other stuff. These all seem to be interpreted and enforced a little differently at each consular section, so YMMV.

 

(Reference: State Dep't regulations)

 

There was even a recent case that went to the Supreme Court challenging the inequities of these regulations, but the plaintiff lost and the regs were upheld.

[..]

Post deleted by suadum

[..]

I guess you are referring to "illegitimate" children then, right? When my girls were born here, we just went to the US Embassy, reported the birth and got passports and social security numbers for them. No dramas or any extra stuff to do. But we were already legally married and wife was not (and is not) a US citizen. Mom had never even visited the US at that time.

 

Cheers,

SD

[Guest]

I was just responding to your statement about "any offspring" etc etc. If you are legally married then the rules are much more lax -- the American parent has to have resided in the US for some period of time. That's it. The rules might have been different then too though -- the laws that govern this now are acts that were passed in 2000 and 2001 (I believe).

[..]

Ahh. Ya, my kids were born in the late 80s. Looking at the US Embassy web site, they are very quiet about that fact, compared to what I pulled from the British Embassy in the above post.

 

The US site says:

 

The American parents of a child born in Thailand should report the birth to the Embassy in Bangkok or the Consulate General in Chiang Mai. Please note that birth registrations are in great demand. We recommend that you call the ACS unit in Bangkok to make an appointment. The Embassy will issue a Consular Report of Birth Abroad and a U.S. passport. The Report of Birth Abroad may be used as a birth certificate for school, work, or other purposes.

 

Note also that the application for a Report of Birth includes an application for a social security number. The number will be mailed to you approximately four months after registration.

 

PLEASE BRING THE FOLLOWING ITEMS WHEN YOU APPLY FOR A REPORT OF BIRTH ABROAD:

 

The child's official, local birth certificate issued by the district office, and an English translation.

 

The parents' passports.

 

A certified copy of the parents' marriage certificate, if applicable.

 

Evidence of the termination of any previous marriages.

 

A report fee of $65. Cash (either Baht or dollars); personal checks cannot be accepted.

 

In cases where the American citizenship of a child is to be established, consular officers may require other documentation before a Consular Report of Birth Abroad or passport can be issued. The consular officer will inform you of what documents may still be required.

 

Cheers,

SD

[..]

Hmmm, not that I doubt you, but it is disappointing that even the State Department web site is as clear as mud about the specifics, tho' they allude to physical presence test. Why could they not be specific to avoid issues? Sheesh.

 

EDIT: I missed your link the first time 'round. But why would they not put that info in the "Birth of a child abroad" section where it belongs?

 

Cheers

SD

[Bembaman]

This is all very interesting, but has anyone done the interview I referred to which was the point of the post? Not sure what a debate on the US rules adds to the thrust of this thread.