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Born Child in UK
Posted: Sat Jul 20, 2013 10:25 pm
by aarnags
Hi,
I have question on my friend's behalf.
his child and he got ILR in Feb 2012.
They are going to apply for BC naturalization.
Child was born here in 2009 and got Indian passport with ILR
Can he directly apply for British passport without naturalization for his child?
Thanks
Posted: Sat Jul 20, 2013 10:50 pm
by Amber
No, assuming the mother was not settled/British when the child was born, the child would however, be entitled to register as British anytime by virtue of section 1(3), the child never needed to get ilr.
Posted: Sat Jul 20, 2013 11:12 pm
by aarnags
So if I understand correctly, He should'not applied for child's ILR in 2012 with him and later apply for British passport ?
Posted: Sat Jul 20, 2013 11:20 pm
by Amber
aarnags wrote:So if I understand correctly, He should'not applied for child's ILR in 2012 with him and later apply for British passport ?
The child is entitled to register as British on form MN1 assuming the other parent wasn't settled or British when the child was born. All I was saying is the child didn't need to get ilr, instead, the child could have been registered as British as soon as one of the parents were granted ilr. The child needs to be registered (not naturalised) before s(he) can get a British passport.