Including Child in ILR application Has rule changed? Urgent

[meratier1]

Hi Guys,

One of my friend recently received the ILR for him and his wife. They didn't include their child in ILR application. They applied for Naturalisation for their UK born child after getting ILR. My friend just called me and said that their application has been rejected and the reason says, Only those kids can apply for naturalisation who were born in UK at the time when their parents have ILR.

This doesn't seem right to me at all. The only catch in my friend's case is that He was first on Work Permit when his child was born. Then he went to home country. Applied for Tier1 General from there, came to UK and applied ILR after 5 years. These 5 years didn't include that work permit time. Can this be the reason of his application denial?

Has someone faced the same scenario? It has become very urgent for me because I'm applying for my ILR without my baby included in my application? Can someone please reply urgently?

[CR001]

Children born in the UK have an entitlement to Register under section 1(3) of the nationality Act once either parent is granted ILR. As far as I am aware, nothing has changed.

Perhaps you should get your friend to post the full details and the text of the refusal letter to get better advice.

[ouflak1]

We need the exact wording of the refusal as the bolded statement you give isn't logical (or grammatically correct English, and unlikely mistake by the UK). A child born in the UK to parents who already hold ILR is automatically a British citizen and does not need to apply for anything. Presumably they used the MN1 form applying under 1(3)? I just wonder if they applied under the right category.

[meratier1]

Thanks for your replies guys. I'll get the exact wordings from the refusal and then post here.

[CR001]

See page 8 of the MN1 Guide 'Children born in UK' section. No change to the rules.

https://www.gov.uk/government/uploads/s ... r_2015.pdf

I suspect there might be a little bit more to your friends story which is why the full refusal without personal info, and any other relevant details will help.

[meratier1]

Hi Guys,

Just talked to my friend over the phone and found out, my friend didn't apply for naturalisation rather he straightway applied for British passport and I never knew he didn't know about the naturalisation step. I think this is the mistake he did. He should have first applied for Naturalisation and then after receiving the naturalisation certificate then only he should have applied for British passport. That's what I know and I have told him, please correct me if I'm wrong anywhere. He used the form MN1 only.

the exact sentence he got for refusal is: <explanation of the rule> however neither you nor your spouse have been granted Indefinite leave to remain in the uk at the time of <babyname> birth.

Please let me know if I got it right or not?

[CR001]

Yes that makes sense now. He has missed the step of Registration of child (naturalisation is for adults). Child is not automatically British so the refusal of the passport application is correct. Unlikely he will get a refund of the fee he has paid.

Your friend will need to apply and pay the fee on MN1 under section 1(3) as child is UK born. Once he receives the Registration certificate, he can then apply for a passport.

He used the form MN1 only

What exactly do you mean by this? You don't use MN1 for a passport application, it is used for Registration.

[meratier1]

Hi Mate,

Sorry that was a typo from my side, I missed to remove that line. He filled up the passport form only and that's why he got the refusal.

Thanks for being prompt.

[CR001]

Your friend should do the MN1 application and wait for that, then do passport. He should not have any issues.

[meratier1]

Thanks mate. You help so many people in so many things. May god bless you mate.

[CR001]

Anytime, you are welcome. Wish your friend good luck with the application and as an aside, I suggest he used NCS to submit thereby keeping hold of original documents and for peace of mind.

[meratier1]

I suggest he used NCS to submit thereby keeping hold of original documents and for peace of mind.

Sorry mate but I don't quite understand this, may be because I haven't read much about citizenship yet coz I'm still at ILR step. May be you can give some link where I can read about it and suggest him.

[CR001]

For citizenship applications you can apply by post or use the Nationality Checking Service (NCS) at the council office. The NCS council officer will photocopy all the documents (giving originals back to you) and check the form and send it to HO on your behalf. There is a small fee for this service but absolutely worthwhile.

[meratier1]

oh ok that's great so no chance of losing original which is a big plus. Thanks mate.