Direct naturalisation of baby born in UK from Tier 1

[nabmo]

Hi all

Thanks in advance for anyone helping me here.

Me and my family are on Tier 1 General and we are going for our settlement application in June. My son was born here in 2011 and he is currently on Tier 1 dependent visa.

I was thinking of getting settlement for me and the Mrs and then going straight for my son's registration as a British Citizen. I am planning to do that before my son's visa expire. So going for our application in-person and applying my son using MN1 as soon as we get our settlement cards.

Now my questions are; Am I required to apply for my son's settlement with us? Is there any restriction on going from Tier 1 dependent to British Citizenship? If we take him with us during our in-person appnt, will they ask why we are not applying for his visa?.

Thanks again.

[ali_asad_pk]

They will not ask why your son is not applying, if they ask then tell them that he qualifies for BC as soon as you are settled

Now, if your application is refused and you go in appeal then you will not be able to add your son as dependent and his visa will expire on time and making him overstayed

Secondly, if you want his BC then make sure that you have secured appointment for NCS or you are sending it by post as if you get ILR then it takes 5 days to come BRP then you start looking NCS appointment and you cant get them before his visa expires then yet little issue

Third, if you apply his BC on time then you need to travel, he will not be able to return back after visa expiry, but if his application is in process then it is just like as if you have applied in time through post and visa expiry date is passed i.e. he will be legal until his application is decided

once decided and registration certificate is received, you can apply for British Passport and he will be free, if he has left country then you need to apply his British passport in country of his residence through the BC registration certificate

[nabmo]

Thanks Ali for your detailed reply.

My questions were based on the assumption that our application will be accepted. We are not planning to travel for a year and planning to apply for his BC by post. According to my estimate and considering it takes 5 days for BRP to return, I'll have around 10-12 days before his visa expires. Do you see any issue with this?

In worst case scenario, if our BRPs don't arrive in time then his visa will expire. What is the baby's status in that case? I assume they are not going to make him go back by himself?

[ali_asad_pk]

you can try with your ILR approval letter as all they need is reference number of that and if you apply by post and not through NCS then will you risk sending your passport and BRP through post to UKBA and be on their mercy? I think these documents will be needed

Once you get ILR, he is not on discretion on BC, he is entitled to BC so it is just matter if applying, I do not see a case he being declared illegal but it is always safe to apply within time

If you are sure that you will get it same day i.e. your case is straight forward then I will suggest you to start looking for NCS appointment 7-10 days after your ILR appointment which you should be able to get easily and as soon as your BRP comes, you will have appointment,

I did same and my ILR was on Monday and BRP come on Friday and I have appointment on Tuesday so I got it all sorted but I had to search a lot around to find earliest appointment as everything was 2/3 weeks away and I luckily got one earlier but in far council

[nabmo]

I agree with your idea of NCS appointment and going through that service. Since you have gone through the same process I will use the opportunity to ask you few more questions.

How much is the actual UKBA fee for this service? I am a bit confused about it. Does it come under Naturalisation? Or registration as a BC? Are these the same? Thanks.

[ali_asad_pk]

UKBA fee is 551, you sent by post or send by NCS

NCS fee varies between councils or NCS providing places; ranges between 25 to 90, depending upon time etc, you will pay this on time of appointment booking and it is in addition to home office fee for which you will fill fee page and send with application

Naturalization is when you apply on form AN1 and you have spend some time as immigration control free i.e. ILR etc and it is that you qualified after some criteria and registration is when you claim nationality as entitlement, naturalization is you meet some requirements but registration is when you have entitlement, this definition may be totally wrong but that is how I understand the difference and it is good enough for me

Adults get naturalization while kids get registerd

[nabmo]

Thanks, this explains it. Really appreciate your help with this.