MN1 registration for child, are we in trouble?

[22246891]

I would appreciate some advice.

I applied and was succesfully granted ILR last month. I applied for my wife and myself but not for my son who was born in UK before I got on HSMP. I plan to register him as a BS using MN1 form. However, I was silly enough not to apply before his dependant Tier 1 Visa expired (2 weeks ago). Do you think that may cause any problems?

[Greenie]

no

[nmaj]

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). Immediately after a parent is granted settlement, 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. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.

http://www.immigrationboards.com/viewtopic.php?t=79378

I would appreciate some advice.

I applied and was succesfully granted ILR last month. I applied for my wife and myself but not for my son who was born in UK before I got on HSMP. I plan to register him as a BS using MN1 form. However, I was silly enough not to apply before his dependant Tier 1 Visa expired (2 weeks ago). Do you think that may cause any problems?

[22246891]

Thank you Greenie and nmaj for your quick replies. Just to clarify, I am aware of my son's right to British citizenship and hence why I didn't include him in our ILR application. My concern is his overstay as he currently is still not formally a British citizen (or at least not registered as one) and at the same time he has no permit to stay or UK (expired 2 weeks ago)!

Assuming I did explain myself well enough on my first post and that your replies were based on that, I believe we should have no problems when I submit the MN1 form this weekend.

Many thanks

[nmaj]

Child born in the UK doesn't need Visa/Permit to stay in the UK. But if the child travels outside the UK then the child needs Visa/Permit to enter back into the UK.

So 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. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth

Thank you Greenie and nmaj for your quick replies. Just to clarify, I am aware of my son's right to British citizenship and hence why I didn't include him in our ILR application. My concern is his overstay as he currently is still not formally a British citizen (or at least not registered as one) and at the same time he has no permit to stay or UK (expired 2 weeks ago)!

Assuming I did explain myself well enough on my first post and that your replies were based on that, I believe we should have no problems when I submit the MN1 form this weekend.

Many thanks

[22246891]

Ok, thats very helpful nmaj.

Many thanks