Child born in UK before Father got ILR and Mother on FLR

[boloney]

Hi All,

My son was born in UK in 2010. I recently got ILR and my wife got FLR. I guess my son is eligible for british citizenship. Is this correct ? ALso please provide which form i need to fill and what should i keep in mind for making the application ?

Cheers,
Tango

you can register him using mn1 form

[John]

This has been covered many times on this board! Form MN1 .... application under section 1(3) is an entitlement application ... no UKBA discretion involved.

[paulmathew]

Hi John,

aplogies for draging it out a bit further , I can't see how MN1 can be used it says

Registrations should be made using application form MN1, except for children:

who are, and always have been, stateless;
born in the United Kingdom who have lived there for at least the first 10 years of their life;
born on or after 4 February 1997 in Hong Kong; or
from Gibraltar.

TG1212's kid would only be 2 years old.

I have a similar situation and my kid is 3.5

Paul.

[geriatrix]

How did you come to the conclusion that TG1212's is "stateless"? Has he stated so?

How is your child "stateless"?

[John]

paulmathew, you refer to :-

born in the United Kingdom who have lived there for at least the first 10 years of their life;

-: and that wording clearly relates to a section 1(4) application. But TG1212's child will be applying under section 1(3).

I too would be interested to learn why you think your child is currently stateless. One is not stateless simply because a passport has not been issued. Many people around the world do not have a valid passport, but that does not mean that they do not hold citizenship. For example many British Citizens living in the UK do not have a valid in-date passport, but that does not make them any less British.

[paulmathew]

see this is how i looked at it

Registrations should be made using application form MN1, except for children:


born in the United Kingdom (- No problem here), who have lived there for at least the first 10 years of their life;(This is where i see the problem, my kid is 3.5 and TG1212' sis possibly 2, so do they not fail the 10 year test)

[geriatrix]

MN1 form is to be used when the child "fails" the 4 tests. MN1 form not be used if the child "passes" any of the 4 tests.

Registrations should be made using application form MN1, except for children:

1. Child is stateless.
2. Born in the UK and have lived in UK for at least 10 years.
3. Born in HK after 03-Feb-97.
4. Child from Gibraltar.

When any of the 4 conditions is not fulfilled, the statement directs that MN1 form be used.

[paulmathew]

Wow Sus, thanks for clarifying that. The tricks the mind plays when you are stressed. Thanks very much. You are very good and polite in answering. I have looked into a lot of your responses.

Cheers.
Paul.