Bobobo

Hi,

My dad married another woman in a country which allows polygamous marriage. Namely, Pakistan. They also have 2 children born 6 and 4 years ago whom the 2nd wife claims have British passports. From our knowledge my father never divorced my mother because she didn't sign any such document of such a nature.

I live in Hong Kong(HK) and due to HK being a former British colony, it's residents are allowed to have either BNO or British Passports.

I was born in HK before 1997 and also hold the British Passport and am a citizen of the UK.

My question is: How do the children of the 2nd wife have British Passports? My 4 siblings and I (children of the 1st wife have British Passports). The UK doesn't allow polygamy and since their mother married my father polygamously, so how did they obtain British Passports ?

Hear from you!

old.sparkles

Not up on all the rules, but I would guess they have british passports because they dad is british, giving them citizenship by descent

Bobobo

So that means that it doesn't matter whether their mother is not legally married to my father under British law?

roaringmouse

Since July 2006, British fathers have not needed to be married in order to automatically pass on British citizenship by descent to their children born outside the UK.

This is on the presumption that the British father was either born a British citizen in the UK, or was naturalised as a British citizen (i.e. British otherwise than by descent). A person who is British by descent does not automatically pass on British citizenship to children born outside the UK.

Reference

Is there a further reason for this enquiry, as it currently doesn't seem to affect you directly.

pennylessinindia

I expect OP a bit peeved at the knowledge of second family etc. But it appears that the children have BC in the correct manner. this is issue may arise if the father tried to take second wife to the UK.

Bobobo

Thanks for pointing that out. I was just curious to know whether this is legal as there is another case going on on this matter. I just wanted to be more knowledgeable to make a better legal decision.

Do you mean that commonly people do this in order to bring their 2nd wife to the UK? Doesn't the UK government not allow polygamy as well? Would they recognize his marriage to her?

I was wondering whether the children having UK passports could make their mother(the 2nd wife) eligible for it?

roaringmouse

No, the mother wouldn't be eligible for citizenship due to any child of hers having citizenship.

scot47

What is the legal position on polygamous marriages and the offspring thereof ?

pennylessinindia

http://www.ukba.homeoffice.gov.uk/po...ecg/set/set14/

UKBA view as above

scot47

I am sorry I asked. That IS complicated !

Bobobo

The 2nd wife claims that the British embassy told her that because of her children's young age (4 and 6 years old) she will be eligible for a British passport which she has. Don't know whether she was misinformed. I am wondering if there are any loopholes that shall enable her to attain a British passport.

BritInParis

Since 2006, if your father is a British citizen otherwise than by descent at the time of his children's birth, then they would be British by descent regardless of whether he was married to the mother or not or whether he was still married to your mother. If he can prove paternity then the children will be British citizens through him.

There is no automatic right for a non-British parent to gain British citizenship through having British citizen children or through marriage to a British citizen. They would have to enter the UK and reside there for a prescribed number of years, gain ILR and then naturalise in the usual manner. The only exception would be if they were married to a British citizen who was serving overseas in Crown, designated or European Community service in which case they can apply for discretionary naturalisation after three years of marriage without fulfilling the residency requirements.

If your father's second wife has gained a British citizen passport then she has done so by some other means. She may instead have another form of British nationality which gives her a British passport (British Overseas Citizen, British National (Overseas), etc..) but doesn't give her Right of Abode in the UK.