Child Born in The UK / No Passport

[AML2015]

Hello Members,

Hope you all re doing well.

Apologies if this question has already been asked previously and answered, but would appreciate if some of the seniors can guide me in the right direction since I think my situation is a bit different compared to all the posts I have read related to registering a UK born child as a British Citizen.

My situation is as below,

Child Born in the UK - Sept 2014

Expected date for Parents ILR - Feb 2016

We have not yet registered or applied for my son's passport (Indian), and the only identity document he currently has is his UK Birth Certificate. We do not intend to leave the UK until we have received our ILR and registered him lawfully and applied for his passport. (To save the cost for the Tier 1 dependent, ILR, and Naturalisation process for my son).

I do believe that my son is entitled to be registered as a BC once the parents (my wife entered the UK in Feb 2012 as a T1 Dependent, so we can apply together for settlement) have received their ILR, but I am not sure we are OK to apply with him having only a Birth Certificate as an identity document.

Is it acceptable for a UK born child to be registered as a BC only on the basis of a birth certificate and parents passport and ILR status under section 3(1) ? Considering he will be living in the UK for almost 18 months since his birth prior to his BC application without a passport or a valid national identity document.

To simplify the question,
1. Do I need to register my child as an Indian and apply for his Indian passport ? (I do understand that I do not need to apply for his T1 dependent or ILR, and can directly register him as a BC once we receive our ILR). Is it mandatory to have a passport for a child if he is born in the UK to parents on a work permit ?

2. Is he eligible to register as a BC using form MN1, using only the birth certificate and the parents ILR status. I hope they dont decline the application stating that he needs have a passport (even though he does not have any visa's on it).

3. Can I use the NCS process for his BC registration application ?

I would appreciate if the members can review my query above and guide me in the right direction.

Thanks

[CR001]

Children born in the UK and entitled to register as British do not need a foreign passport. Birth certificate and your ILR BRP and passport should be fine.

He is registered under section 1(3) which is an entitlement due to born in the UK and NOT 3(1) which is discretionary for born abroad children.

Yes, you can use NCS to submit his application.

http://www.immigrationboards.com/britis ... ml#p592355

Q2: Which documents are needed for registration as BC?

If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).

[meeza]

To simplify the question,
1. Do I need to register my child as an Indian and apply for his Indian passport ? (I do understand that I do not need to apply for his T1 dependent or ILR, and can directly register him as a BC once we receive our ILR). Is it mandatory to have a passport for a child if he is born in the UK to parents on a work permit ?
[NOT MANDATORY TO HAVE A PASSPORT. OUR SON WAS BORN BEFORE WE HAD ILR. DIDNT APPLY FOR HIS VISA OR ANYTHING BECAUSE CHILD BORN IN UK IS LEGAL TO STAY IN UK WITHOUT VISA AS LONG AS THEY DONT TRAVEL ABROAD. (YOU CAN GOOGLE OFFICIAL REFERENCE). APPLIED FOR HIS BC DIRECTLY USING MN1 ONCE WE GOT OUR ILR.]

2. Is he eligible to register as a BC using form MN1, using only the birth certificate and the parents ILR status. I hope they dont decline the application stating that he needs have a passport (even though he does not have any visa's on it).
[YOU HAVE BEEN ANSWERED BY THE OTHER USER: PASSPORT IF AVAILABLE]

3. Can I use the NCS process for his BC registration application ?
[YES - I USED NCS FOR OUR SON]

I would appreciate if the members can review my query above and guide me in the right direction.

Thanks[/quote]

[CR001]

@meeza - please don't use capital letters, it is very difficult to read and is seen as shouting.

http://www.immigrationboards.com/announ ... 75081.html

[AML2015]

Hi CR001 & Meeza. Thanks for the clarification. Appreciate your help and guidance.

@ Meeza

1. Can you confirm how long did it take for your son to receive his certificate of registration ? I am hoping it will be pretty quick compared to naturalisation.

2. How long does it normally take to apply & receive a passport once you have received the certificate of registration ?

The reason I ask is because I will need to apply for an OCI card for him straight after he has received his passport, for him to travel to India along with my wife. I am keen on avoiding to apply for a visit visa for my son.

Your inputs will help me plan their travel schedule for next year.

Thanks a ton in advance for your inputs.

[CR001]

1. If you look at the MN1 timelines, it is taking just over a month for the biometric enrollment letters to be sent out.
http://www.immigrationboards.com/britis ... -1380.html

2. You can use the 1 week fast track for when you apply for the British Passport.

However, this is all based on current requirements, as you are only applying for ILR in February 2016, you should keep a check on any changes which might happen.

There are also busy and not so busy times with HO. March and very early April are the busy as a lot of people submit their applications before the fee increases on 6th April every year so can cause delays.

For OCI applications, check the link below

http://www.immigrationboards.com/other-countries/

[AML2015]

Thanks CR001, you are a star.