Naturalisation query - Child born outside UK

[tier2gtoilr2021]

Hello ..

I was granted ILR through 5 year route and submitted my naturalisation application on 26th February 2021.

My spouse was granted ILR on 22nd February 2021.

My child born outside UK and is on Tier 2 General Dependent visa. After I get the citizenship certificate, I am thinking to register him as a British Citizen through MN1 as stated in page 13 of the below document. So that I don't have to apply ILR application for him and I can save the money.

https://assets.publishing.service.gov.u ... -Jul19.pdf

Can I apply as mentioned above? Which application form should I use to register him as a British citizen?

Has anyone registered their child as British citizen from the same route? If so please can you share the relevant information.

Any help/thoughts or comments would be appreciated.

[secret.simon]

So that I don't have to apply ILR application for him and I can save the money.

Children born outside the UK are expected to hold ILR before registering as British citizens.

The paragraph that will likely apply to your child is further down in that document on Page 15.

Any other child born to British or non-British parents
It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide.
However, in considering any application not specifically covered above consideration will be given to:
• the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
• any compelling circumstances

The underlined sentence basically means that the child is expected to have ILR OR a very good compelling circumstance for not having ILR.

Also see from Page 27 of the Registration as a British citizen for children caseworker guidance, in particular from Page 30.

Child’s immigration status

As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

[tier2gtoilr2021]

Hi Simon,

Thanks for providing your views/guidance on this.

As you mentioned, if the child hold the ILR then he don't have to register through this category. He can directly apply for naturalisation as I did for me.

I believe this MN1 route is for the child born outside the UK and wants to register as British citizen without having ILR when both parents are British citizens or one parent as British citizen and other parent settled in the UK as stated in the document.

Please correct me if my understanding is not correct.

[secret.simon]

As you mentioned, if the child hold the ILR then he don't have to register through this category. He can directly apply for naturalisation as I did for me.

The way for a child to acquire British citizenship after birth is called registration. That is done using Form MN1. Naturalisation applies to adults.

Children born outside the UK are expected to have ILR before registration using Form MN1. So they need ILR+registration to become a British citizen.

Children born in the UK do not require ILR before registration using Form MN1. They can apply directly for registration, without ILR.

In both cases, they can apply for a British passport after registration.

[tier2gtoilr2021]

Simon,

Thanks for the clarification. Much appreciated.