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In my mind the answer to this is very simple, and the answer does not change even though the child is currently outside the UK.I need help to bring my daughter back,she was born here in 2003 ,but left UK when she was still a baby.I was granted indefinite leave to remain last yr
Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.John wrote:In my mind the answer to this is very simple, and the answer does not change even though the child is currently outside the UK.I need help to bring my daughter back,she was born here in 2003 ,but left UK when she was still a baby.I was granted indefinite leave to remain last yr
That is, there is an entitlement under section 1(3) for the child to be Registered as a British Citizen. Form MN1 should be used for that purpose.
Having got a Certificate of Registration for the child, it is then a simple matter to obtain a British Passport for the child.
Am I overlooking anything?
I am not overlooking that at all! But the OP has ILR and is thus "settled" in the UK, and the child was born in the UK, and thus Registration under section 1(3) is an entitlement.Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.
I am afraid you are still overlooking.John wrote:I am not overlooking that at all! But the OP has ILR and is thus "settled" in the UK, and the child was born in the UK, and thus Registration under section 1(3) is an entitlement.Yes you are overlooking the fact that op has only ILR.So his son can not be registered as British Citizen.
A further explanation ... and I am only talking here about born-in-the-UK children .... if one or both parents has ILR when the child is born, then the child is automatically British from the moment of birth .... even though the parent(s) has/have "only" ILR. Also, as said above, if the child is born and then later the parent(s) gets ILR, then there is an entitlement under section 1(3) for the child to be Registered as British.
nicky1234 wrote: I am afraid you are still overlooking.
I know when both parents have ILR then child can be registered as British.
In this case only one parent have ILR so this does not apply here.
So I am still on my point child can not be registered as British.
Just realize I was overlooking.JAJ wrote:nicky1234 wrote: I am afraid you are still overlooking.
I know when both parents have ILR then child can be registered as British.
In this case only one parent have ILR so this does not apply here.
So I am still on my point child can not be registered as British.
He is not overlooking anything. Only one parent needs to have ILR.
One parent with ILR (and living in UK) + UK born child = child (under 18 ) can be registered as British under section 1(3) of 1981 Act.
Location of child, immigration status of child and/or opinion of other parent are all irrelevant.