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As born abroad this will be a discretionary Registration (ie at Home Secretary's discretion) under Section 3(1) of BNA.nero99 wrote:Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.
Dates:
parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015
Not sure if the baby qualifies for BC, and if he does which route we have to follow please?
Any advice would be very helpful.
If both parents were settled and child applied for a settlement visa, then child should have been granted ILE.nero99 wrote: parents married: 2009
both parents granted ILR: 02.10.2012
Baby born abroad: 13.12.2013
A child born abroad seeking registration to become a British citizen under section 3(1) is expected to hold settled status before applying for registration.nero99 wrote:The baby arrived in UK on the 02.02.2014 holding a EU passport.
Since then he lives in the UK.
Thanks again
You have to make your mind up which immigration path your child is on.nero99 wrote:Thank you.....that means we have to apply for the baby first to get Permanent Residence or Indefinite Leave to Remain first in order to apply for BC. Am I right?
Once someone becomes a BC they are no longer considered to be an EEA national in the UK, bu UK HO, (even if they are a dual national & have an EU/EEA member-state's nationality).nero99 wrote:Hello,
I would like to apply for our baby boy who is 2 years old to become a British Citizen.
Dates:
parents first entered UK from an EU country: 2005
parents married: 2009
both parents granted PR: 02.10.2012
Baby --born abroad-- : 13.12.2013 (holds a EU passport)
Mother became a British Citizen: 13.03.2014 (applied through NCS on 10.10.2013)
Father became a British Citizen: 29.01.2015
We are very confused about the application, and also not sure if the baby who is only 2 years old should apply for Permanent Residence first.
Any advice would be very helpful.
It's unfortunately tricky. MN1 under section 3(1) requires the child to be free from immigration restrictions (to be then considered under discretion of Secretary of State, so still nothing certain). A status for an EU minor on this would be arguable (but since it's all done under discretion it's pretty hard to argue). It's a long shot to fire an MN1 application and the outcome is not clear (with high chance of getting refused, but also with a possibility of approval)nero99 wrote:thanks for the reply,
But it must be a way.....we don't want to wait until he is 10 years old.
I don't think it're required for a minor to wait 5 years for an ILR with parents being BC.noajthan wrote: If operating under UK Regulations, my understanding is it now takes 5 years to gain ILR (unless any special clauses for minors can be found to apply).
So in that case it might be possible to go abroad, apply for a visa for the child (to fall under UK immigration route), apply for ILR once in UK (which should be granted since both parents are BC now) and then apply under section 3(1) on MN1 (alternatively apply straight for ILE from abroad, but it usually takes longer to grant I think).Before your child travels to the UK, they must obtain a visa. The Applying for a visa page explains how to apply.
If the child is already in the UK with temporary permission to stay, they can apply to settle here permanently using the SET(F) application form.
Correction on this - I think it only covers you if you have been born in the UK. So no real other solution I guess, other than trying UK Immigration route.adam_now wrote: If all this falls ... I think ... your only hope is remaining in the country for 10 years and applying for his/her BC on that basis.
Hmm, so you are contemplating moving over to the dark side - UK immigration route.adam_now wrote:I don't think it're required for a minor to wait 5 years for an ILR with parents being BC.noajthan wrote: If operating under UK Regulations, my understanding is it now takes 5 years to gain ILR (unless any special clauses for minors can be found to apply).
http://findlaw.co.uk/law/immigration_em ... 30562.html:So in that case it might be possible to go abroad, apply for a visa for the child (to fall under UK immigration route), apply for ILR once in UK (which should be granted since both parents are BC now) and then apply under section 3(1) on MN1 (alternatively apply straight for ILE from abroad, but it usually takes longer to grant I think).Before your child travels to the UK, they must obtain a visa. The Applying for a visa page explains how to apply.
If the child is already in the UK with temporary permission to stay, they can apply to settle here permanently using the SET(F) application form.
The only issue us it might not be possible to apply for a visa in an EU passport? I doubt anyone has ever tried doing this, so can be somewhat a grey area .
Sadly I agree . In my case I am actually still waiting for the outcome of our MN1 3(1) application, but this is the back up plan. Theoretically it should work (it's just a case of time and money), however the only flaw is if the UKBA refuses to issue one, as our son is a EU citizen (I wonder if they can do so, if I deliberately ask to look to enter under UK immigration law).noajthan wrote: Hmm, so you are contemplating moving over to the dark side - UK immigration route.
I think you may have to. I don't really see how you could sponsor your child as an EEA sponsor anymore.
And looking again at your timeline I can't see any way your child may have acquired PR in the past - as he hadn't spent 5 years residing in UK (before you, parents/sponsors, became BCs).
My understanding is you (your child) does have the option to switch to UK immigration route.adam_now wrote:...
Sadly I agree . In my case I am actually still waiting for the outcome of our MN1 3(1) application, but this is the back up plan. Theoretically it should work (it's just a case of time and money), however the only flaw is if the UKBA refuses to issue one, as our son is a EU citizen (I wonder if they can do so, if I deliberately ask to look to enter under UK immigration law).
Yup, you look to be correct - https://www.gov.uk/government/publicati ... nals-eun01:noajthan wrote: My understanding is you (your child) does have the option to switch to UK immigration route.
He is not locked into EU route.
So there's hope , it's just all mater of time, money and dedication .EUN1.10 Can EEA nationals apply under the Immigration Rules?
Yes. If an EEA national wishes to apply under the immigration rules, they are entitled to do so.