UK born child do not require ILR - please confirm?

abc_1979 · Post by **abc_1979** » Wed May 25, 2011 5:08 pm

Hi,
I am sorry for this post as there are quite a few posts regarding this. but i couldn't find any success stories.
I have read in some posts here that UK born child do not require ILR when Parents is applying for ILR. Parents can apply for child's registration via form MN1 after getting their ILR.
I rang two solicitors because i would like to apply through them for the same day service. both solicitor told me that i have to apply for child's ILR too! i told them under section 1(3), i don't need to but they insist that i have to apply for child's ILR.

Could somebody please let me know if they have success applying for MN1 without getting ILR for their UK born child. Also when the child was born parents didn't have ILR at that time.

Many thanks in advance

Post by **Casa** » Wed May 25, 2011 5:14 pm

If your child was born in the UK, once you have ILR you can apply for their BC...they don't need ILR.

abc_1979 · Post by **abc_1979** » Wed May 25, 2011 5:16 pm

Casa wrote:If your child was born in the UK, once you have ILR you can apply for their BC...they don't need ILR.

Thanks a lot Casa. yeah i have read this alot here but was not able to find any success story regarding this. do you know any success story in this forum?

manyaonisland · Post by **manyaonisland** » Wed May 25, 2011 5:17 pm

here you can find someone was able to apply on MN1 for their UK born children after they getting ILR.

aosun007 · Post by **aosun007** » Wed May 25, 2011 5:25 pm

When you get ILR,the children you gave birth to in UK can automatically register as Uk citizen.I confirmed this from the letter they gave my wife recently.
let me tell you this,what all the senior members in this forum alone know about immigratiom not to talk of top rated members and powerful and ever dynamic moderators is more than what any solicitor can claim of.some solicitors do not know the latest on immigration,they are still living in the 1912 era..

Let us cut the story short,your Uk born children can register for citizenship after you get ILR.
cheers.

abc_1979 · Post by **abc_1979** » Wed May 25, 2011 5:29 pm

@manyaonisland: Thanks a lot.
@aosun007: that's correct. I am now thinking to apply on my own instead of going through a solicitor!

ilrdilemma · Post by **ilrdilemma** » Thu May 26, 2011 12:24 pm

aosun007 wrote:When you get ILR,the children you gave birth to in UK can automatically register as Uk citizen.I confirmed this from the letter they gave my wife recently.
let me tell you this,what all the senior members in this forum alone know about immigratiom not to talk of top rated members and powerful and ever dynamic moderators is more than what any solicitor can claim of.some solicitors do not know the latest on immigration,they are still living in the 1912 era..

Let us cut the story short,your Uk born children can register for citizenship after you get ILR.
cheers.

Hello Friends, I am exactly in the same position. I am planning to apply for my and my wife's ILR and apply MN1 form for my UK born son. My only concern is that my son is currently on my tier 1 dependent visa. Once i get my ILR, what would be his status since he is my Tier 1 dependent ? Would this cause any problem for his citizenship registartion via MN1 form? We are not planning to travel out of UK. Seeking help from moderators and friends who have gone thru this?

xyz123 · Post by **xyz123** » Thu May 26, 2011 12:38 pm

abc_1979 wrote:
Casa wrote:If your child was born in the UK, once you have ILR you can apply for their BC...they don't need ILR.
Thanks a lot Casa. yeah i have read this alot here but was not able to find any success story regarding this. do you know any success story in this forum?

Why do you need success stories? what is that going to change from solicitor's point of view. If they dont believe when you quote them the relevant form and rules then they aer not going to believe based on someone's case story. Also i would stay far away from such incompetant solicitors as possible.

Re you, dont worry if you cant find success stories. You have the form and immigration law clause detail which states your child's eligibility,

abc_1979 · Post by **abc_1979** » Thu May 26, 2011 2:14 pm

xyz123 wrote:
abc_1979 wrote:
Casa wrote:If your child was born in the UK, once you have ILR you can apply for their BC...they don't need ILR.
Thanks a lot Casa. yeah i have read this alot here but was not able to find any success story regarding this. do you know any success story in this forum?
Why do you need success stories? what is that going to change from solicitor's point of view. If they dont believe when you quote them the relevant form and rules then they aer not going to believe based on someone's case story. Also i would stay far away from such incompetant solicitors as possible.

Re you, dont worry if you cant find success stories. You have the form and immigration law clause detail which states your child's eligibility,

@xyz123: thanks a lot. i have now changed my mind and not using any solicitor. i have also booked my appointment at croydon PEO.

Tier1_ILR_Applicant · Post by **Tier1_ILR_Applicant** » Sun May 29, 2011 2:55 pm

I am planning to apply for ILR including 2 dependants i.e. my wife and my UK born son. My son and my wife are currently on tier 1 dependent visa. My question is that when i apply for ILR using SET (0) do i include my son's name as a dependant? Because if i do than am i not unnecessarily paying extra for a tier one dependant because as i understand it if we are not planning to travel than my son can apply for BC straight away without requiring a visa? Is this correct?

manyaonisland · Post by **manyaonisland** » Sun May 29, 2011 3:00 pm

Tier1_ILR_Applicant wrote:I am planning to apply for ILR including 2 dependants i.e. my wife and my UK born son. My son and my wife are currently on tier 1 dependent visa. My question is that when i apply for ILR using SET (0) do i include my son's name as a dependant? Because if i do than am i not unnecessarily paying extra for a tier one dependant because as i understand it if we are not planning to travel than my son can apply for BC straight away without requiring a visa? Is this correct?

your son will be eligible to be register as British Citizen once you get the settled status.

Tier1_ILR_Applicant · Post by **Tier1_ILR_Applicant** » Sun May 29, 2011 3:05 pm

Thank you for the quick reply. So when i apply for ILR using SET(0) should i include my son's name in the application as a dependant? because his tier one dependant will be expiring with my Visa?

Post by **geriatrix** » Sun May 29, 2011 3:21 pm

Though the choice is yours but there is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of).

For children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Whether the child has a passport or not, has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial.

PRapplicant · Post by **PRapplicant** » Tue Jul 05, 2011 9:45 pm

sushdmehta wrote:Though the choice is yours but there is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of).

For children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Whether the child has a passport or not, has PBS leave or not, or whether PBS dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial.

Hi Guys, this is good to know. My son was born in UK, but has been traveling between home and UK, his last entry into UK was June 2010. I am planning to apply for PR in Feb 2012, originally i thought i have to apply PR depandent for him in Feb 2012, then in June 2012, apply PR for him then BC, now if he can apply for BC without those other two procedures, it mays a saving of nearly 2000pounds for me, right?

Sushdehta--our moderator, hat off to you.... but is there any policy regarding this so that we can check for peace of mind please?

Many thanks!

PRapplicant · Post by **PRapplicant** » Tue Jul 05, 2011 11:01 pm

I have found this:

Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the
UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens.

But just wondering, why the word " entitlement" is in italic writing, what message they are are trying to give out by single out this word?

PRapplicant · Post by **PRapplicant** » Tue Jul 05, 2011 11:18 pm

Anoter point i noted is on the application form, we are asked to fill in which date the child is given ILR. Does this rule out the chances of applying for BC without getting ILR status?

I look forward to all advise...

Post by **vinny** » Tue Jul 05, 2011 11:58 pm

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UK born child do not require ILR - please confirm?

UK born child do not require ILR - please confirm?