Registration of child with one ILR parent

[BCurious]

Hello,

At the time our child was born, my wife was on a Tier 2 visa and I was her dependent. She has since received ILR, but I am still on a dependency visa and will not be eligible to apply for ILR for another 4 years.

We had hoped to get citizenship for our child using form MN1, on the basis of my wife's permanent residency status. However, on reading the guidance (https://www.gov.uk/government/uploads/s ... r_2015.pdf) it looks like both parents must be British Citizens or have ILR. This is based on the word "parents" in Section 1(3), which states that:
A child born in the UK whose parents are not British citizens and
were not settled in the UK (see page 6) will have an entitlement to register when
their parents become settled in the UK or become British citizens

Is my interpretation correct? If not is there some documentation that shows that we can apply with just one ILR parent? Has any one else applied via this route in the past and been successful (or not). Is there any other way we can apply for citizenship for our child with only one parent having ILR? We've both been in the UK for 5 years, I have just been a student for much of that time, hence only her having ILR.

[noajthan]

Hello,

At the time our child was born, my wife was on a Tier 2 visa and I was her dependent. She has since received ILR, but I am still on a dependency visa and will not be eligible to apply for ILR for another 4 years.

We had hoped to get citizenship for our child using form MN1, on the basis of my wife's permanent residency status. However, on reading the guidance (https://www.gov.uk/government/uploads/s ... r_2015.pdf) it looks like both parents must be British Citizens or have ILR. This is based on the word "parents" in Section 1(3), which states that:
A child born in the UK whose parents are not British citizens and
were not settled in the UK (see page 6) will have an entitlement to register when
their parents become settled in the UK or become British citizens

Is my interpretation correct? If not is there some documentation that shows that we can apply with just one ILR parent? Has any one else applied via this route in the past and been successful (or not). Is there any other way we can apply for citizenship for our child with only one parent having ILR? We've both been in the UK for 5 years, I have just been a student for much of that time, hence only her having ILR.

Don't worry.
That's a well known and unfortunate typo in the MN1 guidance; (and do note that the guidance is not the law).

Once one parent has settled status, a minor fortunate enough to be born in UK is entitled to be registered as a citizen.

1 Acquisition by birth
(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen

Ref BNA, 1981:
http://www.legislation.gov.uk/ukpga/1981/61

[BCurious]

Wow, that is a huge relief. Complete with links to the relevant legislation too!

Thank you so much, this whole business is highly confusing it's great that someone understands it all. You've made my wife and I's day.

[noajthan]

Wow, that is a huge relief. Complete with links to the relevant legislation too!

Thank you so much, this whole business is highly confusing it's great that someone understands it all. You've made my wife and I's day.

All part of the service. I've had enough run ins with HO on points of law to know how it feels.

Do be aware you're not necessarily out of the woods yet. Some members have reported difficulties and delays with a caseworker who, unfortunately, doesn't know the law.

But at least forewarned is forearmed.

Prepare application thoroughly with appropriate evidence and do keep scans/copies of all evidence and form submitted.
Suggest apply via NCS too.

Good luck.

[A2ROR]

Hello,

At the time our child was born, my wife was on a Tier 2 visa and I was her dependent. She has since received ILR, but I am still on a dependency visa and will not be eligible to apply for ILR for another 4 years.

We had hoped to get citizenship for our child using form MN1, on the basis of my wife's permanent residency status. However, on reading the guidance (https://www.gov.uk/government/uploads/s ... r_2015.pdf) it looks like both parents must be British Citizens or have ILR. This is based on the word "parents" in Section 1(3), which states that:
A child born in the UK whose parents are not British citizens and
were not settled in the UK (see page 6) will have an entitlement to register when
their parents become settled in the UK or become British citizens

Is my interpretation correct? If not is there some documentation that shows that we can apply with just one ILR parent? Has any one else applied via this route in the past and been successful (or not). Is there any other way we can apply for citizenship for our child with only one parent having ILR? We've both been in the UK for 5 years, I have just been a student for much of that time, hence only her having ILR.

Don't worry.
That's a well known and unfortunate typo in the MN1 guidance; (and do note that the guidance is not the law).

Once one parent has settled status, a minor fortunate enough to be born in UK is entitled to be registered as a citizen.

1 Acquisition by birth
(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen

Ref BNA, 1981:
http://www.legislation.gov.uk/ukpga/1981/61

Hi mates,

I got PR and would like to register my 4 year child from another women who got no status in U.K.

My question is that what should I write down in MN1 form for my child’s mother visa status/visa expiry date ?

Can I register my child if yes then how should I manage this situation please advise.

[Casa]

No need to repeat the same question. You've posted in an inactive thread which is almost 2 years old and the members posting in this topic are no longer participating on the forum.

You'll stand more chance of getting advice if you open your own topic and post there.