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My 16 year old UK born Daughter application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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manvipo
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Posts: 31
Joined: Fri Oct 02, 2015 8:10 am

My 16 year old UK born Daughter application

Post by manvipo » Tue Nov 30, 2021 1:10 pm

Hi,

I have a 16 year old daughter and a 19 year old son born and raised in the UK with German passport through their mum. I wasn't naturalized as a UK citizen at the time they were born. I understand that my son needs to apply as an adult (correct me I am wrong) but I started to apply one for my daughter but at one point within the application I got asked to enter a naturalisation or registration number but the number on her UK birth certificate do not match. Do I need a certificate of naturalisation or a certificate of registration? How do I get any of then? Or could someone send me to the right link for her application? this is the one being used. https://www.gov.uk/apply-renew-passport. Is it the right one?
I desperately need to complete her application.
Thanks for your help,
Manvipo

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alterhase58
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Posts: 8000
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: My 16 year old UK born Daughter application

Post by alterhase58 » Tue Nov 30, 2021 1:14 pm

Only British citizens can apply for a passport.
On what basis is your daughter a British citizen?
What UK status did her mum have at the time of birth?
Registration and Naturalisation require separate applications and fees are payable.
Refer to the links below for the official guidance:
https://www.gov.uk/government/publicati ... n-guidance
https://www.gov.uk/government/publicati ... 1-guidance
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: My 16 year old UK born Daughter application

Post by secret.simon » Tue Nov 30, 2021 2:32 pm

Your 16 year old daughter is almost certainly not a British citizen and therefore cannot apply directly for a British passport.

For your daughter (and your 19 year old son as well) to have been born a British citizen by birth in the UK, either one of her parents would have to have settled status (either ILR or PR, not the EUSS which is a later, badly named creation) at the time of their birth.

If your daughter is 16 years old, that means that she was likely born in 2005.

The concept of PR (permanent residence under EU law) was only introduced into UK law on 30th April 2006, which means that your wife could not have acquired PR automatically before the birth of the child in 2005.

Your wife may (it is a possibility, not a certainty) have had ILR granted to her, if she applied for it before October 2000 (EEA citizens could not acquire either ILR or PR between October 2000 and May 2006). It was available free of charge at the time to an EEA citizen who was working in the UK, but it was not automatic and had to be applied for. If she had so applied, it would have been stamped in her passport of the time.

Only if the mother has an ILR stamp in one of her older passports predating the birth of the child, then is the daughter a British citizen by birth in the UK and she can apply for a British passport with her British birth certificate and her mother's passport containing the ILR stamp.

In all other cases, the daughter would need to register as a British citizen on Form MN1, under Section 3(1) (fees are about ~£1000) and then, after the registration certificate (as British citizen, not the birth certificate) has been issued, she can apply for a British passport.

If the mother has an ILR stamp predating October 2000 and your son was also born in the UK, it is likely that he too will have been a British citizen by birth in the UK and can apply for a passport directly. Otherwise, he would have to naturalise, meeting all the same requirements as any adult.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

manvipo
Newbie
Posts: 31
Joined: Fri Oct 02, 2015 8:10 am

Re: My 16 year old UK born Daughter application

Post by manvipo » Wed Dec 01, 2021 11:28 am

alterhase58 wrote:
Tue Nov 30, 2021 1:14 pm
Only British citizens can apply for a passport.
On what basis is your daughter a British citizen?
What UK status did her mum have at the time of birth?
Registration and Naturalisation require separate applications and fees are payable.
Refer to the links below for the official guidance:
https://www.gov.uk/government/publicati ... n-guidance
https://www.gov.uk/government/publicati ... 1-guidance
Thanks alterhase58,

My kids were both born here but had not applied for British citizenship. Their mum, a German citizen had a indefinite leave to stay at the time of birth. Thanks again for your help.

Kind regards,

manvipo
Newbie
Posts: 31
Joined: Fri Oct 02, 2015 8:10 am

Re: My 16 year old UK born Daughter application

Post by manvipo » Wed Dec 01, 2021 11:41 am

secret.simon wrote:
Tue Nov 30, 2021 2:32 pm
Your 16 year old daughter is almost certainly not a British citizen and therefore cannot apply directly for a British passport.

For your daughter (and your 19 year old son as well) to have been born a British citizen by birth in the UK, either one of her parents would have to have settled status (either ILR or PR, not the EUSS which is a later, badly named creation) at the time of their birth.

If your daughter is 16 years old, that means that she was likely born in 2005.

The concept of PR (permanent residence under EU law) was only introduced into UK law on 30th April 2006, which means that your wife could not have acquired PR automatically before the birth of the child in 2005.

Your wife may (it is a possibility, not a certainty) have had ILR granted to her, if she applied for it before October 2000 (EEA citizens could not acquire either ILR or PR between October 2000 and May 2006). It was available free of charge at the time to an EEA citizen who was working in the UK, but it was not automatic and had to be applied for. If she had so applied, it would have been stamped in her passport of the time.

Only if the mother has an ILR stamp in one of her older passports predating the birth of the child, then is the daughter a British citizen by birth in the UK and she can apply for a British passport with her British birth certificate and her mother's passport containing the ILR stamp.

In all other cases, the daughter would need to register as a British citizen on Form MN1, under Section 3(1) (fees are about ~£1000) and then, after the registration certificate (as British citizen, not the birth certificate) has been issued, she can apply for a British passport.

If the mother has an ILR stamp predating October 2000 and your son was also born in the UK, it is likely that he too will have been a British citizen by birth in the UK and can apply for a passport directly. Otherwise, he would have to naturalise, meeting all the same requirements as any adult.
Thanks secret.simon,

My daughter was born in Dec 2004 and I think, if I remember well, her mum used to have the indefinite stay status (blue card at the time) , I'll double check with her .
As always , you have been a great help and I thank you again.

Kind regards,
Manvipo

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: My 16 year old UK born Daughter application

Post by secret.simon » Wed Dec 01, 2021 11:42 am

manvipo wrote:
Wed Dec 01, 2021 11:28 am
Their mum, a German citizen had a indefinite leave to stay at the time of birth.
If their mother had an ILR stamp in one of her passports before the birth of the children in the UK, then they are British citizens by birth in the UK and do not need to register as British citizens.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: My 16 year old UK born Daughter application

Post by secret.simon » Wed Dec 01, 2021 11:45 am

manvipo wrote:
Wed Dec 01, 2021 11:41 am
her mum used to have the indefinite stay status (blue card at the time)
The blue card does not always mean settled status/ILR/PR. It needs to state "Permanent Residence" for it to qualify as settled status for the purpose of the UK-born children automatically acquiring British citizenship. And as PR only came into UK law in May 2006, it is unlikely that a card issued before then would have stated "Permanent Residence".

ILR would have been stamped in a passport, not be a stand-alone card.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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