registration of child as UK citizen

minny · Post by **minny** » Tue Jun 16, 2009 8:01 pm

Would be grateful for some advice please....

Both spouse and myself applying for ILR soon (long residence). We have a 2 year old born in the UK. Should we get ILR stamp in the childs passport before we apply for registration of the child as british national or can we directly register the child using MN1 form without ILR stamp in his passport? (our HSMP visa do not expire for another 12 months)

Thanks..

Minny

Post by **John** » Tue Jun 16, 2009 10:49 pm

You need to wait until the ILRs are safely in the passports. The reason for this is simple. That is, you need to be "settled" in the UK in order for your child to be eligible for Registration as British, and you won't achieve that status until the ILRs have been issued.

As well as the 2yo, do you have any older children, who came here on visas?

minny · Post by **minny** » Wed Jun 17, 2009 6:54 am

John,

Thanks. Sorry, I did not make myself clear.

My question was, should I also get ILR stamp in the chlid's passport as I have to make a separate appointment/ application and pay Â£1020 for this (long residence does not allow dependents). Instead can I directly apply on MN1 for registering him as BC after my ILR?

I will certainly wait till I get ILR in my passport before registering the child.

RAJ2007 · Post by **RAJ2007** » Wed Jun 17, 2009 12:02 pm

you don't require to put ILR into your child's passport. Apply for MN1 directly

minny · Post by **minny** » Wed Jun 17, 2009 12:06 pm

Thanks Raj

But on MN1 form, it specifically asks the date when child got ILR.

Minny

Post by **John** » Wed Jun 17, 2009 1:57 pm

minny, that is right, but given that the law does not specify that, let's just put that down as a drafting error by whoever drafted the form ..... (at least as regards the sort of application being made here).

Have a read of Chapter 8 of the instructions to UKBA staff dealing with Citizenship applications. Notice that there appears to be an entitlement under section 1(3) if all the conditions listed are met .... and none of those conditions relate to the child's UK immigration status.

That is :-

8.1.1.1 Minors are entitled to registration under s.1(3) of the British Nationality Act 1981 if:
they were born in the United Kingdom on or after 1 January 1983; and
they were not British citizens at birth because at the time neither parent was a British citizen or settled here; and
while they are minors, either parent becomes a British citizen or becomes settled in the United Kingdom; and

they are minors on the date of application; and
(in the case of a person aged 10 or over on the date of application, this being a date on or after 4 December 2006) the Secretary of State is satisfied that they are of good character (see Chapter 9, Annex B)

So it appears all those conditions will be met, as soon as either (or both) the child's parents has their ILR.

minny · Post by **minny** » Wed Jun 17, 2009 7:00 pm

Thanks for clarifying, John.

minny · Post by **minny** » Tue Jul 07, 2009 8:18 pm

Just an update

Spoke to NCS who in turn spoke to home office...

For those of you who are still not sure, it is not necessary to have ILR stamp in the childs passport if they are born in the UK and if parents have ILR. They can be registered directly using MN1

Minny

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Wed Jul 08, 2009 8:41 am

minny wrote:Just an update

Spoke to NCS who in turn spoke to home office...

For those of you who are still not sure, it is not necessary to have ILR stamp in the childs passport if they are born in the UK and if parents have ILR. They can be registered directly using MN1

Minny

Do the child need to have passport for registering using MN1?

The case is, if the parents gets thier ILR 10 months after the birth of their baby, do the baby needs to have passport and registered to parents nationality?

Post by **John** » Wed Jul 08, 2009 10:07 am

In respect of a UK-born child, no, no passport or visa is needed by the child, when applying for Registration as British.

Of course their UK-issued birth certificate is rather important.

Post by **vinny** » Wed Jul 08, 2009 10:39 am

See also child ILR.

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Wed Jul 08, 2009 11:06 am

John wrote:In respect of a UK-born child, no, no passport or visa is needed by the child, when applying for Registration as British.

Of course their UK-issued birth certificate is rather important.

Thanks John, that settles my question

gg234 · Post by **gg234** » Wed Jul 08, 2009 1:35 pm

Guys,

I have slightly different question

I have got ILR in Feb 2009 and My daughter born in Outside UK and currently my wife and baby both are on 27 months settlements visa.I have following question

Can i apply ILR for my daughter (7months) immediately or i have to wait.She came to uk on 4th july 2009.

Thanks for your help

Thanks

Post by **John** » Wed Jul 08, 2009 2:04 pm

Your daughter's ILR needs to be applied for at the same time as your wife's ILR application is made.

A side-effect of this is that your daughter is dependent upon your wife passing the Life in the UK Citizenship test, or getting a completion certificate from a combined ESOL/Citizenship course. That is, if your wife fails to get the required certificate in time, and thus needs to apply for FLR, a similar application will need to be made for your daughter.

Any particular reason you ask about your daughter's ILR? Possibly benefits? In fact there is no problem a claim being made for Child Benefit, and also a claim for Tax Credits, given you have your ILR.

gg234 · Post by **gg234** » Wed Jul 08, 2009 2:16 pm

Thanks for your reply

No i never applied for any benefitsit is just want to know.New BC bill underway what is going to be changed for settlement visa holders,currently after 2 years in UK they are eligible to apply ILR

Post by **John** » Wed Jul 08, 2009 2:27 pm

Given you have ILR, there is no problem claims being submitted for Child Benefit and for Tax Credits.

kiwi_in_the_uk · Post by **kiwi_in_the_uk** » Thu Jul 09, 2009 5:08 pm

Hi

I am also about to apply for my child using MN1. Oddly, I don't see any requirement to prove that I have ILR - all the documents that I have to send seem to relate to my child. Surely the fact that I have ILR is critical to the success of the application - am I missing something? Does the HO just find my details on their own?

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Fri Jul 10, 2009 12:01 pm

John wrote:In respect of a UK-born child, no, no passport or visa is needed by the child, when applying for Registration as British.

Of course their UK-issued birth certificate is rather important.

What would be the nationality of the child if its not registered to their parents nationality and does not have passport while applying for ILR?

There is one question in the MN1 form which ask for the nationality of the child.

I would like to think that children inherit their parent nationality, I am right in this?

RAJ2007 · Post by **RAJ2007** » Fri Jul 10, 2009 1:01 pm

HSMP2008_JANUARY,
child would be the same nationality as his/her mother even that child has not got a passport. If that child needs to get a ILR then that child needs a passport. But suppose child born after one of the parent got ILr then that child can apply for BC straightaway.

kiwi_in_the_uk · Post by **kiwi_in_the_uk** » Fri Jul 10, 2009 1:04 pm

RAJ2007 wrote:HSMP2008_JANUARY,
child would be the same nationality as his/her mother even that child has not got a passport.

But also be aware that parents who themselves only have citizenship "by descent" cannot usually pass it on to their children.

Post by **John** » Fri Jul 10, 2009 1:48 pm

kiwi_in_the_uk wrote:But also be aware that parents who themselves only have citizenship "by descent" cannot usually pass it on to their children.

But they can, to born-in-the-UK children. And indeed such a child becomes British Otherwise than by Descent!

HSMP2008_JANUARY wrote:What would be the nationality of the child if its not registered to their parents nationality and does not have passport while applying for ILR?

The child will have inherited citizenship from his/her parents.

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**registration of child as UK citizen**