Child registration/naturalization with Father

[boylove]

Hi All,
I have a baby who was born here before my ILR. Even though she has been eligible for registration as a British for some time now, I always thought of filing it with my own application for naturalization as British.

I am about to file my application (based on ILR+5 yr stay), but when I asked NCS on phone about this, the lady on the phone said that child should be entered with mother. Is she right? Doesn't look that way from the application form. It doesn't mention anywhere that child cannot be included in father's form. Could anybody answer it please? Thanks in advance for your effort.

Since my wife is not yet eligible (<5 yrs stay) and not applying at the moment, we have three choices as far as I can see.

1. Include child in my application (if it is possible). What do I need other than her birth certificate? Do I have to send her original passport as well?

2. Apply for her separately for registration using her mother's ILR.

3. Wait till mother also applies for naturalization (about a year more).

What is the difference between naturalization with one of the parents or registration by virtue of birth and parent's ILR? Does it even matter how she gets her BP?

Thanks for your time!

[John]

I don't think that comment from the NCS office is correct at all. The child could be entered upon either parent's form AN(NEW) ... assuming of course that the parent's name does appear on the child's birth certificate.

Your questions ... using your numbering :-

1. birth certificate and yes her passport as well. But if applying at an NCS office I would expect those documents to be photocopied and then returned to you. It might be an idea to take along the marriage certificate as well.
2. Well you could do that, using form MN1, but given that you are applying now anyway I cannot see that it makes sense to do so.
3. Well you could, but again, why do that?
4. (your naturalisation/registration question) Once granted it really makes no difference to the person concerned. However during the application process there is a difference ... for example the person who is to be registered as British does not need to pass the Citizenship Test .... your daughter will be delighted to know! Both a Certificate of Naturalisation and a Certificate of Registration can be used to get a British Passport.

[boylove]

Thanks Jon, as always a prompt and good reply. Looks like I can safely enter her in my application. Hope NCS person who checks my document knows it as well.

a difference ... for example the person who is to be registered as British does not need to pass the Citizenship Test .... your daughter will be delighted to know!

Forgot to mention that my child is only 2 yrs old at the moment. So, I don't think she can go for the test. Believe you are just mentioning the same fact here. Or is it like, she'll have to go for the test later on? That doesn't make sense to me.

[John]

That doesn't make sense to me.

Sorry that was a feeble attempt at humour! Yes your 2yo might struggle to pass the test! But as she is to be registered as British and not naturalised there is no question of her having to ... either now or at any time in the future.

[boylove]

John,
It was a good one and I indeed took it as a joke. Thanks again for your help!

[JAJ]

Hi All,
I have a baby who was born here before my ILR. Even though she has been eligible for registration as a British for some time now, I always thought of filing it with my own application for naturalization as British.

I am about to file my application (based on ILR+5 yr stay), but when I asked NCS on phone about this, the lady on the phone said that child should be entered with mother. Is she right? Doesn't look that way from the application form. It doesn't mention anywhere that child cannot be included in father's form. Could anybody answer it please? Thanks in advance for your effort.

Under s1(3) of the British Nationality Act, a child born in the UK with a parent who subsequently acquires ILR has an *entitlement* to be registered as a British citizen, provided application is made before age 18.

This entitlement exists even if neither parent chooses to become a British citizen.

Information received from public servants should always be verified as those on the front line do not always know the details of the law.

[Kayalami]

The BNA considers as a parent the father (where he has the relevant status) to be if he is married to the mother of the child or subsequently marries the mother (and thus legitimises the child).

[ppron747]

The BNA considers as a parent the father (where he has the relevant status) to be if he is married to the mother of the child or subsequently marries the mother (and thus legitimises the child).

Which might possibly explain the odd advice received from the NCS official; I suspect she might not have hoisted in the fact that OP is married, and that he is therefore the child's father as defined in the Act. I can think of no other reason for saying that the child had to registered with mother rather than father...

Incidentally, Kayalami, not relevant here, but the Act doesn't in fact specify that a child's parents have to be married - it says the child has to be legitimate in order to be the child of his/her father. I know that legitimacy and illegitimacy aren't popular terms these days, but it is a fact that, in certain countries, there is no concept of illegitimacy, which means that it is entirely possible for a child to be legitimate despite its parents not being married. Such a child could therefore have a claim to British nationality by descent from a father who has never been married to his/her mother.

[JAJ]

The BNA considers as a parent the father (where he has the relevant status) to be if he is married to the mother of the child or subsequently marries the mother (and thus legitimises the child).

And in cases where the child would be British but for this fact the Home Office will normally register the child as British under s3(1) of the Act provided application is made before the child is 18.

Although I wouldn't rely on NCS officials knowing about this, considering the Home Office don't advertise it and only mention it deep inside the Nationality Instructions.