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Child born outside UK (ILR or MN1) - Parent/s BC in process

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kvg1922
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Child born outside UK (ILR or MN1) - Parent/s BC in process

Post by kvg1922 » Fri Jan 17, 2014 3:22 pm

Question: For my newborn child (born outside UK), should I apply for ILR or British Citizenship (MN1) under "other Cases"?

Current situation:
1. Both Mother and father have ILR for over 12 months
2. Father has applied for naturalisation as British Citizen before child birth
3. Naturalisation application is pending and hopefully Father will be getting citizenship in some time. Assuming another 30 days
4. Mother travelled to hometown in her 7th month and delivered child in India

The normal route will be to apply for ILR, bring the child to UK and apply for naturalisation as citizen (MN1) along with mothers application.

I am trying to avoid paying the fees twice and see if I could directly apply for citizenship of baby under other cases. The UKBA guidelines are as below. Please let me know if anyone has tired "other cases" route. Any suggestion will be helpful.

UKBA Notes on Citizenship for children born outside UK
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http://www.ukba.homeoffice.gov.uk/briti ... thercases/

"Other cases where it is considered to be in the child's best interests to be granted British citizenship

British citizen
This page explains how a child born abroad to British or non-Brtish parents can be registered as a British citizen if it is shown to be in their best interests.

Applications for registration will be considered at our discretion under section 3(1) of the British Nationality Act 1981. When deciding whether to register a child as a British citizen we will consider:

the child's connection with the United Kingdom; and
where the child's future is likely to lie; and
the parents' views; and
the parents' nationality; and
whether the child is of good character; and
the length of time the child has lived in the United Kingdom; and
any compelling circumstances such as a job offer or other opportunity which requires British citizenship.
There are no formal requirements that the child needs to meet. We will consider the individual circumstances of each application. When you make the application you should make sure you provide us with all the information you think is relevant to the child's case."

Jambo
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by Jambo » Fri Jan 17, 2014 3:41 pm

With all due respect, trying to save fees doesn't seem to meet "child best interest to become British". It would be difficult to claim best interest for a new born born abroad. You have ILR so if the child was born in the UK, he would have been British from birth. You chose to have the birth abroad. No matter what the reason (cultural, family support, better health facilities), it was your choice so I don't think you can expect the caseworker to think the child best interest is to be granted BC.

Apply for ILE. If you want to save cost, don't apply for Registration.
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kvg1922
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by kvg1922 » Sat Jan 18, 2014 5:07 pm

Thank you for the advice. Looks like ILR route is more simpler. Will probably take this route.

syed8550
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by syed8550 » Sun Jan 19, 2014 11:20 pm

HI
Me and my wife got ILR (10 year long residence) in march 2013 while my 12 year old daughter who born abroad just got ILR a week ago on same grounds. do i have to wait for year to apply for her naturalization (an form) or should I apply to register her as BC.

vinny
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by vinny » Sun Jan 19, 2014 11:30 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

syed8550
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by syed8550 » Mon Jan 20, 2014 3:38 pm

vinny wrote:Wait.
thanks...but wait for year or until me or my wife get bc
regards

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CR001
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Re: Child born outside UK (ILR or MN1) - Parent/s BC in proc

Post by CR001 » Mon Jan 20, 2014 3:49 pm

syed8550 wrote:
vinny wrote:Wait.
thanks...but wait for year or until me or my wife get bc
regards
Click on the 'wait' link that Vinny has provided which is a link to the FAQs for citizenship etc.
Char (CR001 not Casa)
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