Child with ILR applying for BC but other parent not settled?

[ukstay2]

Hello

My 5 yr old and I got ILR last year (wife still on dependent visa) while booking NCS appointment for naturalisation application, lady at NCS told me that my son do not qualify for BC as he's born outside the UK and other parent (i.e., mother) doesn't hold ILR. She advised me to speak to Home office.

When I rang Home office and explained the scenario, lady at Home office said child qualifies for BC as long as he hold ILR and one of the parent is either British or applying for naturalisation. I rang Home office a couple of times, spoke to different people and they all gave me same answer (that my son is qualified for BC).

Please can senior members on the forum advise me

Thanks

[mavdi]

I'm exactly in a similar situation. Thankfully for me my wife finally got her ILR but I was told by solicitors that chances of my child getting BC without my wife holding ILR were lower (not impossible).

HO applies discretion, and the general rule is that one parents needs to be a BC and the other needs to at least hold ILR. If you can risk the fee, go ahead with the application, otherwise wait until your partner gets ILR.

[noajthan]

Hello

My 5 yr old and I got ILR last year (wife still on dependent visa) while booking NCS appointment for naturalisation application, lady at NCS told me that my son do not qualify for BC as he's born outside the UK and other parent (i.e., mother) doesn't hold ILR. She advised me to speak to Home office.

When I rang Home office and explained the scenario, lady at Home office said child qualifies for BC as long as he hold ILR and one of the parent is either British or applying for naturalisation. I rang Home office a couple of times, spoke to different people and they all gave me same answer (that my son is qualified for BC).

Please can senior members on the forum advise me

Thanks

So the HO official on the phone didn't actually say "... & the other parent is settled in UK".

All such applications are at Home Secretary's discretion.
See the MN1 guide:
https://www.gov.uk/government/uploads/s ... e_2015.pdf

Children born abroad to parents who are applying for British citizenship.
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth to be registered as British citizens as part of a “family application ”.

Children in this category will be considered at the Home Secretary's discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK