- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If child is born in the UK AND one of the parents acquires ILR, then yes, the child is entitled (i.e. cannot be refused) to be registered as a British citizen using Form MN1.
Interesting question. If the child is born in the UK and never leaves the UK until s/he acquires British citizenship, then s/he cannot be considered an overstayer, as it does not have a visa/LR to violate/overstay.
Would not overstay make a child over the age of 10 a person of bad character and therefore ineligible for registration?secret.simon wrote: ↑Sat Feb 16, 2019 12:04 pmOn the other hand, if the child is taken abroad by the parents, s/he will need to apply for a visa to return and would be an overstayer if the child stays longer than the term that is granted in that visa. However, as the registration under Section 1(3) is an entitlement, the child can still be registered as a British citizen when one parent acquires British citizenship.
If child were born abroad, perhaps.
Now, I understand that Supreme Court has declared or indicated that the good character requirement is incompatible with the European Declaration of Human Rights for Sections 4C, 4F, 4G, 4H and 4I and that a remedial process is underway, but that doesn't help with Section 1(3).BNA 1981 Section 41A(1) wrote: An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4C, 4D, 4F, 4G, 4H, 4I, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character.
Good Character Guidance, Version 1, of 14 January 2019 wrote:When assessing failure to comply with immigration requirements, it will normally be appropriate to disregard failure relating to a child when assessing their good character, if it is accepted this was outside of their control. For example, where a parent applied for the child to come to the UK as their dependant but failed to apply for an extension of leave when the child’s temporary leave expired, the child should not be penalised.