My circumstances:
- I got granted ILR on 14/04/2014
- My wife does NOT have ILR yet, still has Tier 1 dependent, will not qualify for ILR until she completes 5 years residency as she arrived in the UK on 15/03/2013
- Baby girl born on 13/09/2013
My requirement
I wish to get my baby daughter registered as a British citizen on the basis that I am now settled in the UK (even though my wife is not)
Information that suggests this is possible
I have been advised by people I know that after one of the parents becomes settled (ILR), an application (MN1) can be made for the child to be registered as a UK citizen. This is coherent with some of the advice I've seen on this board - see excerpt below from http://www.immigrationboards.com/britis ... 95747.html.
I also read the same thing some time back at http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/, however this page has since been removed the the HomeOffice website and redirects to https://www.gov.uk/becoming-a-british-citizenUK born
In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.
This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.
Information that suggests this is NOT possible
The 'Guide' for MN1 at https://www.gov.uk/government/uploads/s ... -guide.pdf states the below
The use of word 'parents' instead of 'either parent' suggests that the requirement now is for both parents to be settled for the child to register as a UK citizen.Children born in the UK – Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens.
The uncertainty
It seems that some rules relating to this may have changed because:
- The page I saw on Home Office website that stated this was possible is no longer there
- The MN1 guide is from March 2014 which is very recent, so there is a possibility that the rules may have recently changed and now both parents need to be settled before the child can apply to be registered as a citizen.
The question
Would someone be able to clarify this for me please- can the child be registered as a British citizen when only ONE of the parents is settled? I would especially want to hear from people who have made the MN1 application for their child(ren) born before either parent was settled on the basis that ONE of the parents is now settled.
Thanks.