04/07/2017
Recently we received this query:
“I have a 3-year-old son, who was born in the Philippines. I am the father - I have a British passport and I was born in the UK. The complication is that I am not married to the mother of the child (though we do live together) and she is not yet divorced from her estranged husband. She has no links to the UK.
Would my son be able to be registered as a British citizen?”
This was our answer:
“While you were born in the UK, it does complicate things that you were never married and the mother is legally married to another man who is not the biological father of the child in question. As a result, your child falls into a category we call "Possible - Complex".
There is a strange anomaly in British nationality law that deems the father of the child to be the legal husband of the mother. While the effect is nonsensical, the situation is not as rare as one might imagine it would be. We have been successful in having children registered as British citizens at discretion in such circumstances using another provision in law. An even stranger consequence of such a registration is that the child then becomes British "otherwise than by descent", with the right to pass British nationality to their children (i.e. your grandchildren).
As a result, we would need to conduct a Status Trace to consider the best way forward for your child. I must stress that this is highly complex situation and you are advised not to make an application on your child's behalf without professional advice.
Please note: We always advise clients with children to take action before they turn 18. Several rights to British nationality fall away when a child turns 18, and can be lost forever.”
If you are in a similar situation, or have other questions about British nationality and citizenship, our team is always ready to help.