Are my UK born children overstayers once I (father) have received ILR?

[nickmpco]

Hi,

I'm the father of 3 kids under 5, all of whom were born in the UK while I held my Tier 2 visa. Our visa's expire in a week, and I've just attended my biometrics appointment, paying for super priority. I was hoping to register them as citizens before the visa expires, however, I realise now that I wont receive my BRP for a couple of weeks (assuming ILR is granted).

So my questions are:
1) Do I need to provide my BRP to apply to register my children as British citizens? Or is my foreign passport enough?
2) If the answer to (1) is yes, then I won't be able to apply to register them as citizens in time. However, will they be considered over-stayers if I have ILR and they are not registered? In other words, are they automatically considered citizens now (although just lacking proof)?

Thanks,
Nick

[CR001]

1) Do I need to provide my BRP to apply to register my children as British citizens? Or is my foreign passport enough?

You need your BRP card as proof of your ILR status. Foreign passport is not sufficient.

2) If the answer to (1) is yes, then I won't be able to apply to register them as citizens in time. However, will they be considered over-stayers if I have ILR and they are not registered?

Note that regardless of how soon you get your BRP, their registration applications will still stake a couple/few months. There is no super priority service for citizenship applications. UK born children are ENTITLED to register as British once either parent is granted ILR and they do NOT require valid leave or ILR to register as British and if under 10 are not subject to the Good Character requirement.

In other words, are they automatically considered citizens now (although just lacking proof)?

No they are not. They are only British once their registration applications are approved and you have received their registration certificates.

[nickmpco]

Thank you =)