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You need to include him in ILR, as he is already Tier1 dependent.Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.
ilr_hsmp2007 wrote:You need to include him in ILR, as he is already Tier1 dependent.Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.
Hi Tier1_ILR_Applicant,ilr_hsmp2007 wrote: You need to include him in ILR, as he is already Tier1 dependent.
I was in a similar situation as you in August this year. I didNOT apply for ILR for my 3 year old daughter (born in the uk). I only applied ILR for myself, spouse and my elder son (9yrs - born in India). After our application was successful, I applied for naturalization (MN1) for my daughter - I recieved her naturalisation certificate in about 6-7 weeks time. Then applied for her British passport, which arrived in about 2-3 weeks time.Tier1_ILR_Applicant wrote:My son is now over two and half years old and he was born in UK. He currently has a dependant tier 1 visa on his passport. Could any one please help me decide if i should be including him in the ILR application (next month) or not. I would really appreciate your help.
Hi Tier1_ILR_Applicant,BigSam wrote:Hi Tier1_ILR_Applicant,ilr_hsmp2007 wrote: You need to include him in ILR, as he is already Tier1 dependent.
Please ignore this advice as it is not correct. Please see below extracts from the British Citizenship site:
Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.
Hope this helps
Which means that if ilr_hsmp2007 tried to register his daughter before he becomes settled.ilr_hsmp2007 wrote:children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Is correct with the exception of the that your son will be “entitled” and not have the “right”.Tier1_ILR_Applicant wrote:The day I get my ILR he affectively has the right to British Citizenship regardless of being on a dependant visa
"That statement is not clear - it didn't mentioned child born before ILR of the settled person"Tier1_ILR_Applicant wrote:Thank you very much everyone. My confusion arose from the fact that my son has a dependant visa so will he be required to be included in the ILR application but FAQs as posted in this thread above by BigSam seems to suggest that it is immaterial so am I safe in saying that I do not need to include him in my ILR application. The day I get my ILR he affectively has the right to British Citizenship regardless of being on a dependant visa?
Read carefully!!!ilr_hsmp2007 wrote:it didn't mentioned child born before ILR of the settled person
I am glad to hear that, Can you clarify the following -foreign_immigrant wrote:I think people who are not sure of the rule post here to create additional confusion. It is good to receommend to be on safe side when no answer is available. here many have confirmed from their experience and also have referred to the rules but still people voice their fears to confuse the intial poster of this thread.
Please voice your opinon only if you very sure and have some evidence.
I recently applied for ILR in person and in the documentation I received it was clear that children born in UK need not be included in the ILR application. Its quite expensive to include them (£675 for applying in person) so I suggest you dont include them if you desire to go for British citizenship.
you do not apply for passport directly. for minors you first apply for Registration as British Citizen and once they are registered you apply for passport.disdil4u wrote:I can apply for british passport for my son directly instead of applying ILR.
This is correct only keeping the status of the dependent visa in context.disdil4u wrote: my son tier 1 dependant visa will become invalid as soon as me and my wife got ILR?
- No, though child was on my dependent visa, I always had a plan to apply for registration.ilr_hsmp2007 wrote: Have you included your UK born kids in your ILR application?
- when i got my ILR result and my passport endorsed i got the letter from UKBA stating the same about registering the UK born child as British Citizenilr_hsmp2007 wrote: did UKBA told you that during the processing of your application.
- No one can apply for the British passport directly without being British Citizen first. Don't be confuse, passport is merely a travel document it is not proof of citizenship (though one can argue that you would not get the passport unless you are citizen which is correct). The important point here is that you have register your child as British Citizen, as he/she is entitled to be citizenship by registration, before applying for passport.ilr_hsmp2007 wrote: you have directly applied for BP for your UK born kids without ILR application
I really appreciate your time on giving the clear details...thanksmanyaonisland wrote:I will try to Provide answers to this -- No, though child was on my dependent visa, I always had a plan to apply for registration.ilr_hsmp2007 wrote: Have you included your UK born kids in your ILR application?
- when i got my ILR result and my passport endorsed i got the letter from UKBA stating the same about registering the UK born child as British Citizenilr_hsmp2007 wrote: did UKBA told you that during the processing of your application.
- No one can apply for the British passport directly without being British Citizen first. Don't be confuse, passport is merely a travel document it is not proof of citizenship (though one can argue that you would not get the passport unless you are citizen which is correct). The important point here is that you have register your child as British Citizen, as he/she is entitled to be citizenship by registration, before applying for passport.ilr_hsmp2007 wrote: you have directly applied for BP for your UK born kids without ILR application
manyaonisland wrote:Where is your son born? UK or outside of UK?
If born in UK then once parents are settled (granted ILR) the child is entitled to apply for British citizenship. the immigration status of the child is irrelevant for this application.
you do not apply for passport directly. for minors you first apply for Registration as British Citizen and once they are registered you apply for passport.disdil4u wrote:I can apply for british passport for my son directly instead of applying ILR.
This is correct only keeping the status of the dependent visa in context.disdil4u wrote: my son tier 1 dependant visa will become invalid as soon as me and my wife got ILR?
The MN1 form is designed to cover different categories (UK born child, non-UK born child etc) so some of the questions are not relevant for some categories.askyara wrote:I am about to apply for ILR feb 2012. Currently i am holding Tier 1 (PSW) My husband and my UK BORN daughter are my dependant under that visa.Through my reading and this forum, my husband can only apply for ILR 2 years after myself.
From all the above explainantion, i know now, my daughter is eligable to apply for British Citizen by filling in MN1 AFTER I have been granted ILR (hopefully). I have looked through MN1, and i have several questions. Hope anyone can help
1. Section 1.3 in MN1 - There is a space there to fill in date of ILR granted for the child. So if the child NEVER apply with me, and only hold tier 1 dependant visa, do i leave this space blank??
2.section 1.27 in MN1 - Space allocated for 'Date father became settled in the UK (e.g. granted indefinite leave to remain)'. In my case my husband will only be granted 2 years after myself. Therefore do i leave this space blank as well???
3. With all these spaces blank, do i need to provide cover letter to explain why the spaces blank. Please advice on what i should do so that i can have a peace of mind.