Nationality Query

[sagiloyal]

Respected Members,

I am having a query regarding Nationality for my Son.

Me and my wife were currently on Indefinite Leave to Remain(ILR) Visa. We are eligible to apply our Nationality by end of this month. We have Son born here in UK during October 2012. At that time when he was Born we were on Tier-1 visa. But sofar we havent applied any kind of visa or any passport. He got Birth Certifcates that he is Born here and he never travelled outside UK since he was born.

I thought to apply my Nationality this month first and apply for his nationality. So once I get my British Passport is he eligible to apply for Passport directly or still he needs to go through MN1 registration process ???

Could you please advice on how to proceed ?? I am struggling to get this information outside this forum and though to take advice here.

Many Thanks,
Raju.

[shahid2000]

Without MN1 your son will not be a british citizen irrespetive of you becoming british or not. Long story short he will have to apply through MN1.

[sagiloyal]

Dear Sir,

Many Thanks for your reply... Sorry I am out of station and unable to check this information.

Is it because I am on Tier 1 when he is born ??? Another thing is in the actual MN1 application form it is asking about childs Nat ionality. what will be his Nationality ? as he is born in UK but I am on Indian passport with ILR now and on Tier 1 visa when he was born.

He dont have any passport till now only birth certificate.

Please can you reply ??

Thank you.

[vivdubes]

He doesnt have any Nationality and I guess would be stateless. You didnt register him as Indian so he wont be Indian either. I dont know Indian laws but what I have read normally it is wifes nationality what son takes for those who are not on settled status.

I would leave that space blank(no need to mention stateless, I am not sure about the defintion this is good example of some one not any nationality) and let NCS guys handle that. If you are applying by post just write on the form that he is born in UK, birth certificate would be needed..

It is just 2 step process, MNI form filling-- getting registration certificate (not naturalisation) for him to get British nationality.

[sagiloyal]

Dear Sie,

Many thanks for your quick reply. So I have to complete MN1 form and get registration. Is the fees for this is 661 pounds ?
just now few others are saying he need to complete some state form (S )...

I am really confused now... please please.. as its almost 2 years I havent applied any kind of passport or anything and he is just on birth certificate I am bit worried to get this sorted.

Appreciate your help.

Thanks.

[shahid2000]

As I mentioned earlier, your child is not British by birth because at the time of his birth none of the parents were had settles status in the UK. Because he was born in the UK he became entitled to regiser as British Citizen when the parents got settled status (ILR). You will have to use form MN1 to apply for his registration as British Citizen under section 1(3).

He is not stateless, he has the nationality of his parents i.e. Indian even though he has not been regitered as an Indian citizen. In the form you can write Indian.
Put your mind at ease mate, your son is now "entitled" to British Citizenship which means that the decision is not at the discretion of UKBA, his immigration status is irrelevant. It is just a matter of getting him registered as British Citizen so don't worry too much.
Hope this hels.

[vivdubes]

This is what I am trying to highlight, since he has not been registered as Indian within an year of his birth he cant get Indian citizenship either..he is stateless as of today unless you take steps to register him as MN1(3) child of settled person.

It is impossible to get Indian citizenship by birth either..if you have not registered within an year.

[vivdubes]

Apologies there are some changes on their website when I checked today..

If the application is made within one year of birth of child as per above-mentioned process and subject to fulfilment of the eligibility criteria as per Ministry of Home Affairs guidelines, the High Commission shall register the birth of the child as an Indian citizen and issue the Birth Registration Certificate. In cases, where applications are made after one year of birth of child, the process is same. However, applications will be forwarded to Ministry of Home Affairs for their approval. Thereafter, on receipt of approval of Ministry of Home Affairs, the High Commission will register the birth of the child and issue the Birth Registration Certificate.

Check this link for more information:

https://www.hcilondon.in/birth_registration.html