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Hi all,

by reading through the laws on gov.uk, i'm stuck in between rock and a hard place. Need some help from more experienced people.

My son was born in the UK while both parents are on Chinese passport with UK visas - neither of us was settled.
Now i'm settled, and wanting to get my son a certificate of entitlement, but this doesn't seem to be an option. although he is eligibal for uk citizenship.

could anyone please help clarify if my son can go for a certificate of entitlement?

Only a British Citizen can get a certificate of entitlement.

Have you registered your son as a British Citizen on form MN1 under section 1(3), which is an entitlement to register.

Where is your son at present - in the UK or out of the UK??

he's in the UK.
He's always been in the UK.

Certificate of entitlement is not only for British citizens. If my son were born after my settlement, he would eligible to get a certificate of entitlement with his chinese passport.
we just would like to keep his Chinese nationality.

My son was born in the UK while both parents are on Chinese passport with UK visas - neither of us was settled

Your son is not British if he was born BEFORE you got ILR. Does he also have ILR??

If he was born AFTER you got ILR, he would automatically be British.

Yes. He is not automatic British. But for education purpose, we'd like to keep his Chinese nationality. Is there a route to go through certificate of entitlement?

wuliao wrote:Yes. He is not automatic British. But for education purpose, we'd like to keep his Chinese nationality. Is there a route to go through certificate of entitlement?

If he is under 18 then fill in form MN1, after approval you can ask for Certificate of Entitlement as that is now for British Citizens only.

we'd like to keep his Chinese nationality

@fwd079 - MN1 will not be applicable as OP wants to keep Chinese nationality and China does not allow dual nationality.

@wuliao - if your child has ILR, then that is all he needs to be able to remain in the UK.

thanks for all you replies.

He doesn't have ILR. He's currently a dependant of my wife.
She will apply her ILR soon via 10 year route, and this route doesnot allow dependants.
this is where we got confused. it seems like my son will have to go for citizenship?

What visa does your wife have? How old is your son?

wife is on spouse visa.
son is 2 yrs.

When was her visa applied for an granted?? Or can you list the visas she has held making up her 10 years?

wife will be 10 yrs next year. had various visas in the past 10 years without gap. she'll go for 10 yrs ILR.
then son will be left with no other choice but citizenship.

What about this visa (ILR) for your son if you don't want citizenship?

https://www.gov.uk/government/uploads/s ... _06-14.pdf

https://www.gov.uk/government/uploads/s ... _11-14.pdf

Another moderator could perhaps confirm but this could work out for you if you wish to retain his Chinese Citizenship.

CR001 wrote:

we'd like to keep his Chinese nationality

@fwd079 - MN1 will not be applicable as OP wants to keep Chinese nationality and China does not allow dual nationality.

@wuliao - if your child has ILR, then that is all he needs to be able to remain in the UK.

Oh Okay, thanks.

wuliao wrote:
then son will be left with no other choice but citizenship.

Citizenship is a privilege it is not a right or a visa.

So you can apply for your son's ILR and that's where story will end.
Your son will carry ILR with his Chinese Passport and cannot be outside the UK for a period of more than two years. And as far as I understand you cannot "reset the clock" and all visits outside UK count into that two years stay.

Certificate of Entitlement is not for ILR holders as far as this link tells.

Citizenship is a privilege it is not a right

An entitlement for OPs child as child was born in the UK.

CR001 wrote:

Citizenship is a privilege it is not a right

An entitlement for OPs child as child was born in the UK.

Oh yes correct for children. However if he doesn't attain entitlement, then ILR is the only route but that too in my view is designed to give a nudge towards citizenship, as two years can pass fairly quickly.

Yes, OPs only option would be ILR for the child.

CR001 wrote:Yes, OPs only option would be ILR for the child.

So does that mean in this case, he needs to keep on renewing it after two-year-travel limit is passed?

So does that mean in this case, he needs to keep on renewing it after two-year-travel limit is passed?

Where does the OP say he will be traveling for more than 2 years away from the UK?

CR001 wrote: Where does the OP say he will be traveling for more than 2 years away from the UK?

I guessed it from his educational purpose quote, could be wrong and asked you the question that came to my mind.

I think the OPs problem is that it appears he has and now his spouse is also, applying for ILR based on Long Residency. Doesn't help the child much so appears Set F is the only viable option if they don't wish to do citizenship.

Granted that if the child is sent to China to study in the distant future, it would put his ILR at risk.

Thanks CR001. Appreciated.