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Newborn baby's legal status

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Londoner
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Joined: Sun Oct 28, 2007 2:43 pm

Newborn baby's legal status

Post by Londoner » Wed Oct 21, 2009 9:10 pm

Hi everyone,

I will really appareciate it if anyone can answer to this question.

My friend has a 6 months old daughter who was born in London. When she was born, both husband and wife who come from a non-European country had indefinite leave in the UK.

They are now applying for British citizenship and are wondering if their child is already a British citizen or whether or not they have to fill the Form MN1.

Thank you for your help in advance.

taliska
Member
Posts: 166
Joined: Mon Aug 24, 2009 9:00 am

Post by taliska » Wed Oct 21, 2009 9:51 pm

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Last edited by taliska on Wed Oct 21, 2009 10:15 pm, edited 1 time in total.

f2k
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Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Wed Oct 21, 2009 10:03 pm

If born when parents had ILR then child is automatically british. No need to do anything to register. Can apply for passport straightaway

taliska
Member
Posts: 166
Joined: Mon Aug 24, 2009 9:00 am

Post by taliska » Wed Oct 21, 2009 10:14 pm

Automatic acquisition of British citizenship
Children who have automatically acquired British citizenship do not need to be registered.
There are two ways a child can automatically be a British citizen without needing to
register.
1 British citizenship otherwise than by descent
A child born in the UK to parents one or both of whom are
• British citizens, or
• are settled in the UK at the time the child is born
is automatically a British citizen otherwise than by descent and does not need to be
registered.
the above quote is from the home office F2K is right the child can automatically apply for citizenship

John
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Location: Birmingham, England
United Kingdom

Post by John » Thu Oct 22, 2009 9:17 am

taliska wrote:the above quote is from the home office F2K is right the child can automatically apply for citizenship
No! You are totally missing the point. The child is already British! There is no citizenship to apply for.

Given that the child is already British, as and when desired, a British passport can be applied for. But the issuing of a British passport is not a grant of citizenship. British passports are only issued to those that are already British.
John

Londoner
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Posts: 8
Joined: Sun Oct 28, 2007 2:43 pm

Post by Londoner » Sun Oct 25, 2009 11:07 am

Many thanks for your replies. I did some more research on the UK Border Agency's website and John is right, it appears that the child is already a British Citizen.

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