british citizenship for children without ILR

[pullikanti]

Hi,
If parents get ILR after the birth of child(born in UK), then can the child apply for british citizenship straightaway? - or should the child also have ILR first before applying for British citizenship.
In my case,
I got HSMP visa in Feb 2007(obtained HSMP approval on 22 Nov 2006).
My first child is born in Nov 2007 in UK.
My second child is born in Feb 2010 in UK.
I and my husband should apply for ILR in Feb 2012.
We kept our children in India with our parents as we both are working full time.

Sp, my question is -
1) is it necessary that we should apply for ILR for our children along with us? 2) can we apply for british citizenship for our children without applying for ILR for them from outside UK (from India)?

thanks a lot in advance.

[vinny]

1) No.
2) Yes.

[pullikanti]

Hi Vinny,
Thank you very much for the reply.

After we (myself and my husband) get ILR, can we first get our children here as ILR dependent and then apply for registration as british citizenship(for our children) from UK?
If yes, can we then apply for British passport here in UK itself.

Which is better option - applying from UK or from India? Please advice.

[vinny]

MN1 and subsequent British passport applications in India should be easier (as it's by entitlement) than a child settlement visa application.

You save the costs of the settlement visa fees.

[pullikanti]

Ok, that's really helpful.
Should we use form MN1 only even if we apply from India for registration.
Should we provide referees also if we apply from India.

[pullikanti]

Can anybody please answer my question -

1) Should we use form MN1 only even if we apply from India for registration?

2) Should we provide referees also if we apply from India?

Thank you.

[vinny]

1. Yes.
2. Yes.

[pullikanti]

Thank you for the reply.

So, should we send applications to UK address from India using form MN1?


If we change mind and get our children here now as HSMP dependent then will their visa expire on same date as ours (our visa expire in Feb 2012)?
If yes, when we apply for ILR(for myself and my husband) in Feb 2012 then what will be the child's visa status while our(parent's) application is being processed.

[vinny]

Thank you for the reply.

So, should we send applications to UK address from India using form MN1?

She is entitled to register for British citizenship (Section 1(3)) at the consular section, British High Commission or perhaps deputy high commissions.

If we change mind and get our children here now as HSMP dependent then will their visa expire on same date as ours (our visa expire in Feb 2012)?
If yes, when we apply for ILR(for myself and my husband) in Feb 2012 then what will be the child's visa status while our(parent's) application is being processed.

Then you should include her in your ILR application.

[Mohamed1]

Thanks

[vinny]

A problem may arise if the parents' ILR application fails.

[Mohamed1]

Thanks

[vinny]

Then I think that they can wait until the outcome of your ILR. If you are granted ILR, then they are entitled to apply for citizenship.

[zwadi]

Hello Respected members,

I am bit worried and desperately needs your advise.

My son was born in the UK in 2010 while I was on tier 1 but now I got the ILR but he is still on Tier 1 depedant visa but his visa is going to expire in 2017.

My question is , can I register him as BC using MN1 although he is not on ILR ? or I need to apply for his ILR ?

If yes then on MN1 form it asks the following
Childhasindefiniteleavetoenter/remainintheUK.Dategranted (enter dates)

What shall I put in there ?

thanks
Za

[vivdubes]

Just leave it blank.. if any situation is not as per the question and you can explain it in details where they have more space.
If a child doesnt have ILR just say NA .. the child doesnt need to have ILR but yes you have to register him as BC first before applying passport.

[zwadi]

Thanks Viv!

Can you also please advise what documents I need to submit with his MN1 form?

[felvercourt]

Hello Guys,
I want to apply nationality registration for my new born daughter (In INDIA). Recently i have received my citizenship in UK, could you please guide me what is the best way to get her registered? Do i have to apply from India or UK ? Documentation required?

[vinny]

See answer.