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Old 2nd September 2010, 07:40 PM   #1
MCP
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Default British citizenship for my son?

Okay, I'm British, my partner is German and we're not married. We have a son, who was born in Spain. He's 6.

I came across this website, and the page linked to:

http://www.tumbit.com/how-to-guides/...in-the-uk.html

This bit caught my attention:

  • A child born after 01.01.1983, is entitled to British Citizenship if the mother was born in the United Kingdom.
  • From 01.07.2006 a British father does not have to be married to the mother of their child in order to be able to pass on their nationality. So the birth of any child born in Spain to a British father on or after 01.07.2006 can be registered. You will need to any send the child’s full Spanish birth certificate, the father’s full UK birth certificate, and the mother’s passport, DNI or birth certificate. Children born before 01.07.2006 do not benefit from this new legislation..
Okay, so our son was born in 2003. We have all the legal requisites here, family book, everything registered, all taxes paid, social security etc., but my questions are: is it necessary for us to get married in order for our son to have the possibility of getting British nationality? I'm not a big patriot in this way, but it would be nice for him to have the chance to play for England in the future! (only half-joking...)
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Old 2nd September 2010, 07:59 PM   #2
greytop
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Not sure this is the place for an answer - especially as we don't know if you're the mother or the father (or more precisely I don't from your post or profile)
A call or email to the Embassy might be a better option.
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Old 2nd September 2010, 08:10 PM   #3
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Sorry, should have been clearer: I'm the father.

I know I can find these things out via the official route, but this forum is so much friendlier for initial inquiries!
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Old 2nd September 2010, 11:20 PM   #4
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Default British Citizenship

There are a number of different types of Citizenship that your son may be eligible for. It is probobaly better if you contact the Call Centre in the UK that deals with this issue to discuss your situation and circumstances as they will be able to provide you with specific advice as opposed to a general overview as is provided on the page - the number is 0044 845 010 5200.
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Old 3rd September 2010, 03:11 AM   #5
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Embajada, buddy; make 'em work for their money!

I'm not familiar with British law, but I don't really see how marrying a foreign national would get your son one step closer to UK citizenship when his link to it is through you. But what do I know! Your local embassy, on the other hand, deals with this stuff all the time and should know exactly what your options are and how to point you in the right direction.
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Old 3rd September 2010, 09:59 AM   #6
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Quote:
Originally Posted by MCP View Post
I'm not a big patriot in this way, but it would be nice for him to have the chance to play for England in the future! (only half-joking...)
No worries. According to FIFA rules a player can opt to play for the country of his parent's birth or even the country of his grandparent's.



Sorted.
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Old 4th September 2010, 10:15 AM   #7
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..

Quote:
*A note on fathers
Until July 2006, unmarried British fathers could not pass on their British nationality.
If you were born before then, your father’s British nationality will pass to you only if he was married to your mother. It does not matter if they were married before or after you were born.

Last edited by Pippa; 5th September 2010 at 03:03 AM.
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Old 4th September 2010, 05:52 PM   #8
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Qué raro!
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Old 4th September 2010, 06:12 PM   #9
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Qué raro!
Well, it may be related to parental responsability. By what I understand, according to English law, the parental responsability goes automatically to the mother, also to the father if they are married, and if they are unmarried only if they have signed an agreement , if the father is down in the birth certificate from Dec 1st 2003 (but I am not sure if that refers to a British birth certificate or also from other countries), or if there is a court order. But it seems they changed the law in 2003 (2006 in Scotland). That does not apply to children born before that.
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Old 4th September 2010, 06:34 PM   #10
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I reckon the British Nationalities Act would be the best point of reference.
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Old 4th September 2010, 10:00 PM   #11
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Quote:
Originally Posted by Pippa View Post
Well, it may be related to parental responsability. By what I understand, according to English law, the parental responsability goes automatically to the mother, also to the father if they are married, and if they are unmarried only if they have signed an agreement , if the father is down in the birth certificate from Dec 1st 2003 (but I am not sure if that refers to a British birth certificate or also from other countries), or if there is a court order. But it seems they changed the law in 2003 (2006 in Scotland). That does not apply to children born before that.
I'll be darned. That seems like an automatic get out of jail free card to the guy who doesn't want to own up to his kids. But variety is the spice of life, I suppose; it would be boring if all laws were the same.
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