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Parents on ILR but Child needs to be registered before apply

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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silent_warrior
Member of Standing
Posts: 373
Joined: Wed Jun 08, 2011 9:43 am

Parents on ILR but Child needs to be registered before apply

Post by silent_warrior » Tue Mar 31, 2015 12:30 pm

Dear members

This is strange for me, but thought I will seek advise as well. I and my wife got our ILR on 6th May 2014. Our son was born on 19th August 2014.
From what I knew, I thought he would be able to apply straight for British passport. So I called to Passpot Advice Line to book a one week fast track passport service to apply for my son's passport.
I got a call from a representative of Her majesty's passport office, who told me that parents have to be on ILR for at least two years before child can apply straight for passport.
Else they would need to register as British Citizen.
I have never ever seen the two year limit being mentioned anywhere and was hoping if somebody can point me to a document on any government website that states the two year eligibility for parents.

Even the MN1 form for registration as a British citizen mentions
Automatic acquisition of British citizenship
Children who have automatically acquired British citizenship do not need to be registered. There are two ways a child can automatically be a British citizen without needing to register.
1. British citizenship otherwise than by descent
A child born in the UK to parents one or both of whom are
- British citizens, or
- are settled in the UK at the time the child is born, or
- members of the UK armed forces
is automatically a British citizen otherwise than by descent and does not need to be registered
And furtheron,
To be settled, the parent(s) must be free from immigration conditions. Children born in the UK to the following will not automatically become British citizens.
- diplomatic staff of foreign missions who have diplomatic immunity. Or
-members of visiting forces, i.e. member of the armed forces of another country based in or visiting the UK. Or
-in the event of war, children of an enemy alien who is part of an occupying force.
- Parents who are/were in breach of immigration laws. This may apply to parents who are claiming asylum even if they have been given temporary admission. This applies particularly where asylum seekers entered the UK clandestinely i.e. illegally.

So I am confused where does it give the exact information of two year eligibility?

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: Parents on ILR but Child needs to be registered before a

Post by vinny » Tue Mar 31, 2015 1:39 pm

The representative of Her majesty's passport office was mistaken.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

silent_warrior
Member of Standing
Posts: 373
Joined: Wed Jun 08, 2011 9:43 am

Re: Parents on ILR but Child needs to be registered before a

Post by silent_warrior » Thu Apr 02, 2015 9:55 am

Thanks Vinny

I spoke with Home Office as well and also got a call back from Liverpool Contact Centre confirming the same. Somehow, there is a general confusion among staff in the Passport Advice Helpline about people in my situation.

I have finally managed to get an appointment for the 7th of April. Unfortunately, no one has given a clear list of all the documents I need to carry. But I am planning to carry these

1. Completed applications with photographs (one counter signed)
2. My wife's and my ILR BRP Card
3. Both our passports (Indian)
4. Child's Birth Certificate

Please can you recomment any other documents that would be needed

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