General UK immigration & work permits; don't post job search or family related topics!
Please use this section of the board if there is no specific section for your query.
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anuje
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by anuje » Thu Apr 09, 2009 8:56 pm
Hi,
I got my ILR in jan 2009 via work permit.My wife and daughter(born in uk, 2008 prior to getting ILR) also got ILR with me. Today after landing on heathrow immigration officer said that my daughter is eligible for British passport.
Can i apply for her passport now??? I was under the impression that
until i naturalise my dependent cannot get uk passport. Any advice will be appreciated
thanks
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deepakmehtauk
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by deepakmehtauk » Thu Apr 09, 2009 8:59 pm
Any child born in the uk becomes eligible for British citizenship (& hence British passport) after one of the parents becomes settled in the UK (ie ILR).
Deepak
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GoodFun
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by GoodFun » Thu Apr 09, 2009 10:51 pm
Children born in the UK can register to be British citizens as soon as the parents get ILR. Look at the UKBA guidelines about registering British born children who are not normally eligible for citizenship due to their parent's nationality.
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vinny
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by vinny » Sat Apr 11, 2009 4:54 am
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.
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Spartac
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by Spartac » Sat Apr 11, 2009 8:36 am
I face a slightly unique situation. I am now eligible for ILR due to the recent court ruling, but due to te time it may take the Home Office to implement the rule and the time to process the ILR, it could be that I will either get my ILR just before our child is born, just after our child is born or the child might be born while the application is in process with the Home Office.
In case the ILR is not tamped before the baby is born, would I have to get the baby on my HSMP first before applying for its british nationality or can I just wait until the ILR is finalised and apply directly for the nationality?
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GoodFun
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by GoodFun » Sat Apr 11, 2009 10:42 am
A child born in UK to a non-EU parents does not need to have a visa, search this forum for information. You will only need a visa for the child if you are going to travel outside of the UK and then will need a visa for the child to return to the UK.
So say your child is born before your ILR comes through. When you get the ILR you can then register the child as a British citizen without the need of getting a visa.
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Spartac
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by Spartac » Tue Apr 14, 2009 4:41 pm
I found this information on the Home Office website:
Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.
Has anyone had any success under this clause.
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JAJ
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by JAJ » Sun Apr 19, 2009 3:57 am
Spartac wrote:I found this information on the Home Office website:
Section 3(1) applications - children born in the United Kingdom to parents who are not settled in the United Kingdom and are not British citizens
Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.
Has anyone had any success under this clause.
You're looking at the wrong section! If your child is born (in the United Kingdom) before your ILR is granted, then it should be registered under section 1(3) instead:
http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/
