Page 1 of 1

Child born outside UK (Canada) for parents with ILR status

Posted: Mon Jan 04, 2016 6:32 pm
by raaj002
Hi All,

Let me give you some background first.
I, my wife and my daughter all have ILR since Feb / 2015.
My wife and my daughter (26 Months) are out side of UK since March 2015.
They are living in Canada as my wife is Canadian citizen. gave birth to a baby boy in July 2015 and he has his ILE since Nov 2015. Based on this background I have following questions.

1) I have got ILR since Feb /2015 and I am living in UK since then, not outside of UK for more then 90 days. Do I qualify for British Nationality on Feb /2016?

2) My wife is Canadian citizen. She has her ILR since 26/02/2015. She was out of county from March 2015 until Dec 2015 due to pregnancy. Does She qualify for British Nationality on Feb /2016?

3) My daughter is 2 Years old. She is Canadian citizen. She has her ILR since Feb /2015. She was out of county from March 2015 until Dec 2015 with her mom. Does She qualify for British Nationality on Feb / 2016?

4) My son is 6 months old. He was born in Canada so he is Canadian citizen. When he born I and his Mom both hold ILR. He has ILE since Nov 2015. Does he qualify for British Nationality on Feb /2016 with me?

Thanks very much in advance.

Raaj

Re: Child born outside UK (Canada) for parents with ILR stat

Posted: Mon Jan 04, 2016 6:42 pm
by secret.simon
1) Yes

2) No

3) Where was your daughter born?

4) Children's status is in line with the less privileged parent.

Children's registration is at discretion and the current guidelines state that either both of the parents must be British citizens or one a British citizen and the other one at least on ILR. So, you could try getting them registered, but it is possible for their application to be declined on the basis that the mother has not applied for naturalisation. They will certainly get registered when your wife get naturalised.

Re: Child born outside UK (Canada) for parents with ILR stat

Posted: Mon Jan 04, 2016 6:52 pm
by raaj002
Hi Simon,

Thanks very much for your prompt response.

My daughter was born in Canada as well. She is 22 months old and she was out with her mom for 9 months.

Do you think I should try to register my daughter and my son with me??

And can you please also tell me what form I should use for me and my children.

What I understand is that I need to use Form_AN_v_05 for me. And Form_MN1 for the child.

Re: Child born outside UK (Canada) for parents with ILR stat

Posted: Mon Jan 04, 2016 7:09 pm
by secret.simon
raaj002 wrote:Do you think I should try to register my daughter and my son with me??
You can try, but be aware that you can lose the fee if the registration is not done along with the mother's naturalisation application.
raaj002 wrote: What I understand is that I need to use Form_AN_v_05 for me. And Form_MN1 for the child.
Correct. Both children will be under Section 3(1) of the British Nationality Act 1981.

Re: Child born outside UK (Canada) for parents with ILR stat

Posted: Tue Jan 05, 2016 2:54 pm
by raaj002
Thanks very much Simon.