Child British Passport application been queried

[isaac2k2]

Hi All

I am trying to apply for British passport for my daughters but Home Office is making it difficult . Below is my entry timelines

1. Entry Clearance
Issued Date: 26/March/2008
Expiry Date: 26/March/2010
Date of Entry into Country: 23/August/2008

Renewal was initially refused due to funds but that was sorted out in court and the Judge accepted my case since I had the funds

2. Resident Permit: Tier1 (General) Migrant
Issued Date: 09/September/2010
Expiry Date: 09/September/2013

3. Settlement Permit: ILR
Issued DAte: 02/August/2013
Expiry Date: 02/August/2023

In August 2010 my wife gave birth to twin girls and it was my understanding from this forum that they are entitled to British passport 6 months after either of the parent is granted ILR.

I just got a reply from HO asking for my passport or HO letter showing ILR approval even though I had sent my Biometric card to them but they also quoted that:

We issue British passports to British nationals as defined by the British Nationality Act 1981 section one which says, a person born in the UK on or after 1 Jan 1983 will be a British citizen if, when they were born, either parent was a British citizen or was settled in the UK (That is, there are no conditions attached to their stay in the UK).

I am really confused why this Act now applies to me? I need advise please on how to respond back to them.
Thanks

[shahid2000]

Were your daughters born inside the UK? What is their visa status at the moment?
What is the visa status of the other parent?

[isaac2k2]

My daughters where born in the UK. They have no visa yet or passport
Myself and my wife both have ILR since August 2013

[vinny]

Your daughters were born in 2010, when neither parents were settled nor British at the time of their births. They are not yet British. They need to be registered first, before they can apply for British passports.

[shahid2000]

As Vinny mentioned above you cannot apply for their passports directly because they are not british by birth. You need to register both of your daughters using MN1 form under section 1(3) to get their BC certificates and then use the certificates to apply for passports.

...... it was my understanding from this forum that they are entitled to British passport 6 months after either of the parent is granted ILR ....

Where did you get this idea from???

[isaac2k2]

As Vinny mentioned above you cannot apply for their passports directly because they are not british by birth. You need to register both of your daughters using MN1 form under section 1(3) to get their BC certificates and then use the certificates to apply for passports.

...... it was my understanding from this forum that they are entitled to British passport 6 months after either of the parent is granted ILR ....

Where did you get this idea from???

I think my wife and I made a mistake . Not sure how because we where told to go to the post office and get the form, so its possible we got the wrong one but I am not certain at the moment which form we where given.

Oh well, its not the end of the world, I will apply again with the MN1 form.

Thanks all for your advise.

[shahid2000]

Going to the post office was the first mistake regardless of the form, you cannot get MN1 form from post office (as far as I know). Also there is a very clear distinction between applying for citizenship and applying for passport, they are completely different things.

I suggest you read through the FAQ (link below) before you spend any more money. Naturalization is expensive as it is. Especially see the section on children.
http://www.immigrationboards.com/britis ... 95747.html

Hope this helps mate, best of luck.