MN1 - Child Registration when one parent has ILR/BC

[amahmed81]

Hi,

I have recently got my ILR (22/04/2016) through route tier 1 general and my wife ILR is due in 2018. My son was born on 11/03/2015 and he doesn't have any passport or visa,just Birth Certificate. I am thinking of applying my son British Registration certificate using following rule mentioned in MN1 form

"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"

Can someone who have recently applied under section 1(3) as father or mother basis confirm if there application was successful. I have seen recent post where both parents have ILR got there child registration. But not where only one parent had ILR. If there is anyone who has recently got Child registration applied as father or mother can comment would be really helpful

Really appreciate your help.

[ohara]

Under section 1(3), only one parent needs to be settled. The child then has an entitlement to register. The parents in the guidance is a typographical error (or simply an oversight) by whoever wrote it.

From the legislation itself:

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.

[amahmed81]

Hi Ohara

Thanks for the info. Yes it is very misleading. Thanks for sharing the legislation

Ahmec