Baby born in the UK - Citizenship

[Irakli]

Dear all,

I would appreciate answer on the below:

1. I was advised that baby born in the UK is entitled to apply for British citizenship from the next day when parents get ILR, is this true?

2. If above is true, when doing ILR application how should parents mention the baby in application?

3. When parents get ILR, will baby be illegally residing (as the visa he/she was dependant on won't exist anymore) in the UK until he/she applies for British citizenship?

Many thanks,
Looking forward for your expertise and kind answers

[secret.simon]

1. I was advised that baby born in the UK is entitled to apply for British citizenship from the next day when parents get ILR, is this true?

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.

3. When parents get ILR, will baby be illegally residing (as the visa he/she was dependant on won't exist anymore) in the UK until he/she applies for British citizenship?

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.

On 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.

[Irakli]

Many thanks Simon!

[Irakli]

Hello Simon,

I am applying my son for British citizenship on MN1 application, I would appreciate if you could help me with the below questions:

There is not much option for 2 year old boy to find eligible professional referee, if GP refuses to provide passport and residence address details what would be your advice, what would you do in such scenario?

- Regarding second referee can it be my British citizen friend? If so, question ''How does the referee know the applicant?' may I write: Family Friend? if not, What would you advise?

Thank you

[Richard W]

On 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.

Would not overstay make a child over the age of 10 a person of bad character and therefore ineligible for registration?

[secret.simon]

Would not overstay make a child over the age of 10 a person of bad character and therefore ineligible for registration?

If child were born abroad, perhaps.

But if child is born in the UK and the conditions for Section 1(3) are met, then the child is entitled to be registered as a British citizen and it can't be refused on good character grounds.

[Richard W]

But

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.

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).

Alternatively, Section 41A(1) is one of the conditions for registration under Section 1(3), but then satisfaction as to good character is still required for a 'young person'.

[Richard W]

On the other hand,

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.