Referees for a minor child for registration as UK citizen

[treal20]

Both parents were granted ILRs a month after the child was born. Does the 2 -month old child require 2 referees to be registered as Brirtish citizen under section 1.3 of Birtish Nationalily Act?
The guide for form MN1 says that an application must be supported by 2 referees, but the extract below from the caseworkers guidelines only requires referees for children 10 or over.

"A s.1(3) application for a child age 10 or over must
also be
supported by two referees who have known the child personally
for at least 3 years. These references will not automatically
be taken up. The application should also include a recent
passport sized photograph of the child stapled or clipped into
the space provided on the form. "

Thank you.

[JAJ]

No referees needed.

The application under s1(3) is an entitlement and cannot be refused if the statutory requirements are met.

[Siggi]

JAJ
As I register my daughter this year, I beleive I'm right as was clear told by NCS that I needed two referees entiltlement or not.

[Xzibit1]

Both parents were granted ILRs a month after the child was born. Does the 2 -month old child require 2 referees to be registered as Brirtish citizen under section 1.3 of Birtish Nationalily Act?

I thought you can only register a Child as a British Citizen if the parent has already acquired British Citizenship and not only ILR.

[RAJ2007]

Xzibit1,

One can register their child as British citizen if one of the parent has got ILR and provided the child is born in UK.

If the child has come to UK after birth then the child can be british citizen after obtaining ILR and then wait for a year to get british citizenship (i.e. naturalisation).

[Xzibit1]

RAJ2007,
But in treal20's case, he cannot yet register his child as a British Citizen, as the child was born (in UK) before treal20 had acquired ILR. Unless of course treal20 is at this stage just asking for genaral information on referees, I think he/she cannot register the child as a BC, until after he/she has been naturalised.

[kariarxy]

RAJ2007,
But in treal20's case, he cannot yet register his child as a British Citizen, as the child was born (in UK) before treal20 had acquired ILR. Unless of course treal20 is at this stage just asking for genaral information on referees, I think he/she cannot register the child as a BC, until after he/she has been naturalised.

No, he can.

See Chapter 8 of British Citizenship:

PART I: BRITISH CITIZENSHIP
CHAPTER 8: REGISTRATION BY ENTITLEMENT OF PERSONS BORN IN THE UNITED KINGDOM ON OR AFTER 1 JANUARY 1983:
(A) ON GROUNDS OF A PARENT'S STATUS SECTION 1(3)
(B) ON GROUNDS OF RESIDENCE SECTION 1(4)
8.1 The Law
8.1.1 Section 1(3)
8.1.1.1 Minors are entitled to registration under s.1(3) of the British Nationality Act 1981 if:
• they were born in the United Kingdom on or after 1 January 1983; and
• they were not British citizens at birth because at the time neither parent was a British citizen or settled here; and
• while they are minors, either parent becomes a British citizen or becomes settled in the United Kingdom; and
• they are minors on the date of application; and
• (in the case of a person aged 10 or over on the date of application, this being a date on or after 4 December 2006) the Secretary of State is satisfied that they are of good character (see Chapter 9, Annex B)

So if the child is under 10, no referee is needed.

[RAJ2007]

kariarxy,

I totally agree with you. In treal20's case he can.

[Xzibit1]

Thanks for insight. Was not aware that getting ILR after a child's birth in UK, could lead to parents registering child as BC.

[Christophe]

Thanks for insight. Was not aware that getting ILR after a child's birth in UK, could lead to parents registering child as BC.

Yes, the idea has always been that the first generation of children born in the UK to parents who look likely to make it their home should have easy access to British citizenship (even after the time when children born in the UK were automatically citizens, regardless of the status of their parents). This is in contradistinction to lots of other countries. I imagine, and hope, that this approach won't be changed any time in the near future...

[JAJ]

JAJ
As I register my daughter this year, I beleive I'm right as was clear told by NCS that I needed two referees entiltlement or not.

NCS are wrong. It would be illegal to refuse an entitlement application on that basis.

[Siggi]

JAJ
I'm only telling the board and you what the NCS told me I needed to do.
ie I needed two referees!

[treal20]

Thank you JAJ, and others, for your replies,

A friend in a similar situation (with a 5-year-old child) was told at one NCS that he needed referees and, at another NCS, that he didn't. He has made an appointment with the latter but is still going to take 2 references, just in case. Well, 5-year-olds can at least have someone who knows them for three years, but under threes obviously can not. This should've been covered in the guide for MN1 more clearly.

[JAJ]

Thank you JAJ, and others, for your replies,

A friend in a similar situation (with a 5-year-old child) was told at one NCS that he needed referees and, at another NCS, that he didn't. He has made an appointment with the latter but is still going to take 2 references, just in case. Well, 5-year-olds can at least have someone who knows them for three years, but under threes obviously can not. This should've been covered in the guide for MN1 more clearly.

The correct answer is not the opinion of someone in NCS, but rather the wording of section 1(3) of the British Nationality Act 1981.

For a U.K. born child, no referees are necessary and it is illegal to demand them. There is no ambiguity about this.