Request for ILR info: Baby's 2 month trip to Grandparents

[sanjumac]

Dear all,

I am on Tier2 since Nov 2011 and I suppose i am eligible to apply for ILR from Nov2016.
Recently I have renewed for BRP to till Nov 2017.

We have a one year old son, and we both are working parents.
We would like to send our son to two month holiday to India to his grandparents house starting from Nov 2015. (~60 to 70 days)

My questions is, as we are going to apply for ILR in 2016, Is it ok to send my son for a two month trip?
If i send him does it impact on our family or his ILR application?
BTW he was born here, and he hold valid Indian Passport and BRP.

Please guide.

Many thanks.

Sanju

[CR001]

My questions is, as we are going to apply for ILR in 2016, Is it ok to send my son for a two month trip?

Yes

If i send him does it impact on our family or his ILR application?

No. He doesn't need ILR if you plan on registering him as British. He is entitled to register on MN1 section 1(3) as he was born in the UK.

[sanjumac]

Dear Char,

Many thanks for the reply.
Whats this MN1 section 1(3)? never heard of it.
He was born last year in England, at that time we dont have and also not eligible for ILR till 2016, I didnt see any option to register him as British.
So i applied for Indian passport for him and he got it last year.

Using the section above can he apply or eligible for British Citezenship? Excuse me if i am talking non sense.

Once again many thanks for your help.

[sanjumac]

Char, i have searched for Section youve mentioned and
I found this amazing piece of information in regards to BC of child born here.
It looks likes, if i get ILR he is automatically eligible to apply for BC.

Q1: Can my son apply for naturalisation?

The term used for children applications as BC is Registration and not Naturalisation. The requirements for children are a lot simpler than for adults.

UK 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.

If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.

[CR001]

Yes, you can skip ILR for UK born child and once you receive your ILR, you can register child as British on form MN1 under section 1(3) of the nationality act, which is an entitlement (because born here) to register. Once you have the registration certificate, you can then apply for a British passport.