Naturalisation of my baby without both of us having ILR

[DesiBoys]

HI

I recently for my ILR and now wish to apply for naturalisation for my baby, who is UK born and is currently on indian passport. He was not included in the ILR application.

My husband is yet to file for his ILR.

1. Can I apply for my baby naturalisation even though my husband is yet to apply for his ILR

2. I need to provide MN1 form, photos, child's birth certificate and a copy of my ILR biometric (and not original?).

3. My passport is not required with the application

4. Can i use any independent high street solicitor to be refrees?

5. What is NCS? why is it used?

I know some of the questions may have been answered but we are having to do so much paper work these days that i am getting quite confused with things. Appreciate your help.

[nnj10]

HI

I recently for my ILR and now wish to apply for naturalisation for my baby, who is UK born and is currently on indian passport. He was not included in the ILR application.

My husband is yet to file for his ILR.

1. Can I apply for my baby naturalisation even though my husband is yet to apply for his ILR
YES
2. I need to provide MN1 form, photos, child's birth certificate and a copy of my ILR biometric (and not original?).
If you use NCS then they will take photocopy and return originals back to you.
If you use postal route then you need to check the current requirements in MN1 form and guidance.

3. My passport is not required with the application

4. Can i use any independent high street solicitor to be refrees?

5. What is NCS? why is it used?
Check citizenship FAQs

I know some of the questions may have been answered but we are having to do so much paper work these days that i am getting quite confused with things. Appreciate your help.

[DesiBoys]

Thanks for your reply. Actually someone told me that either both parents need to have ILR or at least one should have BP. If only one parent has ILR then one cannot apply for BP for their baby.

I was not able to find any info in this regard. Can you help.

[Jambo]

Thanks for your reply. Actually someone told me that either both parents need to have ILR or at least one should have BP. If only one parent has ILR then one cannot apply for BP for their baby.

I was not able to find any info in this regard. Can you help.

Maybe you should ask that person for evidence to support his claim.

For a UK born child, either parent needs to hold ILR. See the actual legislation - 1(3)(a)

[vinny]

Thanks for your reply. Actually someone told me that either both parents need to have ILR or at least one should have BP. If only one parent has ILR then one cannot apply for BP for their baby.

That's incorrect for a child born in the UK.

[DesiBoys]

Thanks Vinny.

http://www.ukba.homeoffice.gov.uk/briti ... n/borninuk

Section 3(1) states that either both needs to be settled or one needs bP. That's what has confused me.

Section 1(3) only applies if both parents are settled or BC.

Not sure if anyone has any personal exp for this scenario.

[Jambo]

Section 1(3) only applies if both parents are settled or BC.

No it's not. Read the law in my previous post. Pay attention to the use of the word OR.