Child Born Uk - Not sure we can apply for British passport directly

[Ishanarra]

Hi All,

We have applied for ILR in Jan 2022 and it got rejected in sep 2022 due to HO error. We tried Admin Review but it don’t work either. We took the issue to the court and HO accepted to review the decision they made on sep 2022 and issued ILR in 2024.

Our baby is born in Jan 2023. Can we apply the British passport for her ?

[contorted_svy]

As your child was born before the HO granted you ILR i don't think your daughter is automatically British. There may be some subtlety depending on how the court judgement was worded but you may need the help of more experienced members or of a solicitor to make the case daughter should have been British from birth.

[Ishanarra]

Hi Contorted, Thankyou for the reply. We have a letter from HO mentioning they will review the decision taken on Sep 2022 and provide the outcome in 3 months. We got our ILR in 3 months as they stated. Will the letter act as a proof ?

[contorted_svy]

You would need to refer to what the judge said in their final statement I think.

[Ishanarra]

Hi Consorted, Actually we applied for Judicial review as the HO rejected our admin review and didn’t respond on Pre-action Protocol. Court decided to have an Oral hearing from both Parties before proceeding/denying the judicial review. We got the judgment in our favour and given the permission to proceed with Judicial review. That’s when the Home office sent us a letter to review the decision if we back off the Judicial review.

[contorted_svy]

if you were granted ILR after the judicial review and it didn't say for example that you should have been granted it on a certain date I think you need to register your child.

[secret.simon]

A court can't/doesn't grant ILR. It may direct the HO to reconsider its decision or to grant ILR, but unless there is anything specific in the judgement, ILR is only prospective and only from the day that it is granted by the Home Office.

Your child will need to be registered as a British citizen on Form MN1, as neither parent has ILR at the time of their birth.

[Ishanarra]

Thankyou Consorted & Simon for the replies. I’m clear now.

[Ishanarra]

One last question - we will apply for British citizenship. As it may take upto 6 months, if we want to travel to India in meantime can we apply for Indian passport or it’s better to wait for it and apply for British passport and then go ?

[contorted_svy]

If you need/want to travel child needs an Indian passport and a valid visa. Application standard processing time is 6 months but it may take longer.