Child ILR before British Citizenship

[anil77]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

[Amber]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

[anil77]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

[Amber]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes.

[shahid2000]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes it will still be applicable but please note that as soon as you get british citizenship it will become illegal (according to indian law) for you to hold indian passport. You will have to renounce indian citizenship within the grace period.

[anil77]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes it will still be applicable but please note that as soon as you get british citizenship it will become illegal (according to indian law) for you to hold indian passport. You will have to renounce indian citizenship within the grace period.

Thank you very much.

[anil77]

Hello Everyone,

I am on Tier 1 visa and my child was born in the UK in 2010 & have an Indian Passport. The last visa extension received for all 3 of us is valid till Jan 2015. I will be eligible to apply for ILR along with my wife next month in July 2013.

Myself and my wife will definitely go for the ILR and will be applying for citizenship next year but wanted to check whether my daughter needs to apply for ILR along with us this year in July 2013. Can she apply for British citizenship directly along with us when we apply for citizenship in 2014? or is it necessary for my daughter to apply for ILR before getting citizenship?

Your help would be much appreciated.

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes.

Thank you so much for your advice. I got my ILR yesterday and as advised by yourself I have only applied ILR for myself and my wife. Now I am planning to apply for a British Passport for my child. As my child is holding an Indian passport, is it necessary to apply for naturalisation before I apply for the British passport?

Thanks
Anil

[Amber]

You'll need to register the child under section 1(3) as British on form MN1 first.

[shahid2000]

As your child was born in the UK then as soon as your are settled (granted ILR) she can Register as British by virtue of section 1(3) of the British Nationality Act, she doesn't need to have ILR or wait till you are naturalised. You should note that India does not allow dual citizenship.

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes.

Thank you so much for your advice. I got my ILR yesterday and as advised by yourself I have only applied ILR for myself and my wife. Now I am planning to apply for a British Passport for my child. As my child is holding an Indian passport, is it necessary to apply for naturalisation before I apply for the British passport?

Thanks
Anil

Congrats mate.
You cannot apply for passport directly. As the guru said above use MN1 form to apply for a naturalization certificate first then use this certificate to apply for passport.

[anil77]

Thank you so much for your prompt response.
As I mentioned earlier, immediately after my child's birth in 2010, I applied for an Indian Passport and got a Tier 1 dependent visa for the child as well.
Is this section 1(3) of the British Nationality Act applicable even when the child is currently holding an Indian Passport?

Yes.

Thank you so much for your advice. I got my ILR yesterday and as advised by yourself I have only applied ILR for myself and my wife. Now I am planning to apply for a British Passport for my child. As my child is holding an Indian passport, is it necessary to apply for naturalisation before I apply for the British passport?

Thanks
Anil

Congrats mate.
You cannot apply for passport directly. As the guru said above use MN1 form to apply for a naturalization certificate first then use this certificate to apply for passport.

Thanks mate.
I am going through the MN1 form and there is a specific question under Section 1 (Personal Information)
Question 1.3: Enter the date the child was given indefinite leave to enter/remain in the UK. If the parent is an EEA or Swiss national or a family member of an EEA or Swiss national please ensure that they qualify for settled status.

This particular question seems quite confusing. My child doesn't have an ILR then how can I put in the ILR granted date?

Can you please provide some guidance?

Thanks
Anil

[vinny]

See also MN1 without ILR for child born in UK.

[anil77]

Yes.

Thank you so much for your advice. I got my ILR yesterday and as advised by yourself I have only applied ILR for myself and my wife. Now I am planning to apply for a British Passport for my child. As my child is holding an Indian passport, is it necessary to apply for naturalisation before I apply for the British passport?

Thanks
Anil

Congrats mate.
You cannot apply for passport directly. As the guru said above use MN1 form to apply for a naturalization certificate first then use this certificate to apply for passport.

Thanks mate.
I am going through the MN1 form and there is a specific question under Section 1 (Personal Information)
Question 1.3: Enter the date the child was given indefinite leave to enter/remain in the UK. If the parent is an EEA or Swiss national or a family member of an EEA or Swiss national please ensure that they qualify for settled status.

This particular question seems quite confusing. My child doesn't have an ILR then how can I put in the ILR granted date?

Can you please provide some guidance?

Thanks
Anil

---------------------------------------------------------------------------------

Thank you so much for your help.
Just one last question: Do I have to surrender my daughter's Indian passport before I make the MN1 application?

Regards,
Anil

[shahid2000]

Thank you so much for your help.
Just one last question: Do I have to surrender my daughter's Indian passport before I make the MN1 application?

Regards,
Anil

I am not 100% on this but it does not make sense to surrender the passport before you get another nationality because if you do that she will be stateless until her new citizenship is confirmed.
I think you will have to get naturalization cert first and then you will have a grace period (i think it is 3 months for India) to surrender the indian passport.
Someone from India might be able to give you a better answer.

[anil77]

Thank you so much for your help.
Just one last question: Do I have to surrender my daughter's Indian passport before I make the MN1 application?

Regards,
Anil

I am not 100% on this but it does not make sense to surrender the passport before you get another nationality because if you do that she will be stateless until her new citizenship is confirmed.
I think you will have to get naturalization cert first and then you will have a grace period (i think it is 3 months for India) to surrender the indian passport.
Someone from India might be able to give you a better answer.

Thank you so much for your help.

Much appreciated!!

Regards,
Anil