Child born out of wedlock entitled to UK p/p ?

[MKPM]

Hi I was born in the UK have UK passport , my wife mother of our children born in SA sa p/port, our daughter 12 was born in SA 1996 my wife and I married a year and ahlf after our daughter was born. Is she entitled to a british passport? Our son 8 born after we were married apparently can.

My wife and i lived together since 1990 married 1997.

[vinny]

Your daughter is British by descent if you satisfy the definition of parent (Annex F) in the BNA:

50(9)(b )
subject to section 47, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him

47.

Legitimated children.

(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage, be treated for the purposes of this Act as if he had been born legitimate.
(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.

Nevertheless, section 47 of the 1981 Act, until its repeal by section 9(4) of the 2002 Act, provided that a person born out of wedlock but legitimated by the subsequent marriage of his parents (if their marriage operated to legitimate him by the law of the place where the father was domiciled when the marriage took place) was to be treated as from the date of the marriage as if he had been born legitimate.

[MKPM]

Hi Vinnie thx I cannot work out what they mean statement 2.

Daughter born april 1996 us married dec 1997 in S. Africa had been living there since 1994 still there.

[vinny]

Where were you domiciled at the time of your marriage?

If you were domiciled in a country (e.g. UK) that legitimated her, by your subsequent marriage, then she would satisfy s47 and be British by descent.

[JAJ]

Hi Vinnie thx I cannot work out what they mean statement 2.

Daughter born april 1996 us married dec 1997 in S. Africa had been living there since 1994 still there.

Most likely you were still English domiciled in 1997 ... what ties have you kept with the U.K. and do you intend to return?

If it were the case that your daughter is not a British citizen (maybe if you were South African domiciled) then she can still be registered as British, but only if application is made before she turns 18.

[MKPM]

Hi jah and all thanks I dont understand I was living in SA at the time am now but are applying for p/ports for my kids my wife and I and kids are coming back to the uk to live and settle

[JAJ]

Hi jah and all thanks I dont understand I was living in SA at the time am now but are applying for p/ports for my kids my wife and I and kids are coming back to the uk to live and settle

Domicile is not the same as residence.
Did you read the explanation that Vinny gave?

What about your wife ... is she getting a spouse visa?

[MKPM]

we are about to apply for spouse visa once my and kids p/p are ready