British Citizenship under section 1(3) for child born in UK

[MBhat]

Hi,

My 8 year old daughter is born in UK and is holding tier 2 dependant visa expiring on Feb 2021. Myself and husband both are eligible and applying for ILR in December 2020. To save cost in this difficult times , we are planning to skip ILR application and directly apply BC for my daughter.
1.Can we make our daughter’s BC application while we await our ILR decision ? If yes, what do we provide as evidence of settlement status for the parents in BC application . Can we provide the ILR application reference ?
2. I read in the forum that irrespective of immigration status my daughter can apply for BC once one of the parent get the settled status . So based on this can we wait until we get a decision on ILR and apply BC for my daughter ?
If we get ILR say on March 2021 ( There is no priority and super priority at the moment due to COVID-19 ) and we apply after the visa expiry ( Feb 2021 ), is there any grounds for refusal that the kid has overstayed the visa ?

Thanks in advance

[CULLINAN]

1) No

2) No issues. Your daughter has an entitlement to be registered as BC after one of the parent’s has ILR. Her visa expiry is irrelevant to that.

Just apply for your ILR. Once you get ILR, register UK born for BC.

[MBhat]

Thanks for the quick response.

1. Will my daughter be in any trouble for overstaying post her visa ( Feb 2021 ) ?
2. Is there any legal obligations or any other rules we need to worried about ?
We do not have any plans to travel outside UK while this is in progress .

[CULLINAN]

Thanks for the quick response.

1. Will my daughter be in any trouble for overstaying post her visa ( Feb 2021 ) ?
2. Is there any legal obligations or any other rules we need to worried about ?
We do not have any plans to travel outside UK while this is in progress .

No issues.

[secret.simon]

Thanks for the quick response.

1. Will my daughter be in any trouble for overstaying post her visa ( Feb 2021 ) ?
2. Is there any legal obligations or any other rules we need to worried about ?
We do not have any plans to travel outside UK while this is in progress .

No issues.

No issues, as mentioned above, not there may be issues accessing NHS resources between the end of her visa and her acquiring British citizenship.

[MBhat]

Thanks .

Do we need to submit parents original passport and ILR ( BRP card ) for the child's BC application ?

[CULLINAN]

Thanks .

Do we need to submit parents original passport and ILR ( BRP card ) for the child's BC application ?

Scans and uploaded.

[MBhat]

I am trying with dummy application of MN1 for my daughter . What should I answer for the below question ?

Are you able to provide a biometric residence permit (BRP) card with this application?
1.Yes
2.No, my BRP is lost or stolen
3.No, I have already sent my BRP to the Home Office
4.No, I do not have a BRP for my most recent leave

If i select option 2 it says Enter your BRP number, if you know it
If i select option 3 it says When and why did you send your BRP to the Home Office? Please include your BRP number if you know it.
If i select option 4 it says Do you have a BRP from a previous stay in the UK?

In my daughters case she has BRP which is getting expired on Feb 2021.

Please advise what to do .

[srsw]

I am trying with dummy application of MN1 for my daughter . What should I answer for the below question ?

Are you able to provide a biometric residence permit (BRP) card with this application?
1.Yes
2.No, my BRP is lost or stolen
3.No, I have already sent my BRP to the Home Office
4.No, I do not have a BRP for my most recent leave

If i select option 2 it says Enter your BRP number, if you know it
If i select option 3 it says When and why did you send your BRP to the Home Office? Please include your BRP number if you know it.
If i select option 4 it says Do you have a BRP from a previous stay in the UK?

In my daughters case she has BRP which is getting expired on Feb 2021.

Please advise what to do .

In that case you need to select option 1 and give BRP details.

[MBhat]

Thanks for the reply.

By the time I apply for registration as BC , it is highly likely that her BRP would have been expired.
Is it ok to provide the details of expired BRP ?

[srsw]

Thanks for the reply.

By the time I apply for registration as BC , it is highly likely that her BRP would have been expired.
Is it ok to provide the details of expired BRP ?

Even in that case, out of those four options, option 1 still is the most relevant in my opinion, followed by option 4.

[CULLINAN]

Thanks for the reply.

By the time I apply for registration as BC , it is highly likely that her BRP would have been expired.
Is it ok to provide the details of expired BRP ?

So then choose the options correctly on the date of application. BRP expiry is irrelevant for the child.

[MBhat]

Hi,

To Submit the documents in UKVCAS portal. Can you confirm below sections are correct ?

Life events : Marriage certificate , Birth Certificate ,
Proof of Application : Child's passport , Child's BRP (About to expire in weeks time ), Parents ILR BRP
Other Documents : Referee form , Parents consent form
Residence in UK : Child's BRP

Please confirm .
Do we need to submit copy of parents passport ? If so should it be under Proof of Application

[CULLINAN]

Looks good.

No need to upload child’s BRP twice.

Also, better to add parent(s) passport copy whose ILR BRP child is relying on.