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Hi,

Need urgent help plz. I came to UK in dec 2010 on tier1 general and completed 5 yrs in dec 2015, but becoz of personal situations and ignorance of rules around child registration, i did apply for my ILR last week and got it. However we were blessed with a child in dec 2015, now when i spoke to UKBA regarding registering my kid for citizenship, they suggested i can try sending NS form and try my luck to see if my kid is eligible for a british passport directly, without going through the MN1 process, as long as i can prove that even though i did not apply for ILR, i was eligible for ILR before my kid was born. Is this true?
I am planning to apply MN1 for my kid before the new fees applies, i.e. before 18th march
So can someone kindly respond to this asap

Thanks
NHV

Nhv wrote:now when i spoke to UKBA regarding registering my kid for citizenship, they suggested i can try sending NS form and try my luck to see if my kid is eligible for a british passport directly, without going through the MN1 process, as long as i can prove that even though i did not apply for ILR, i was eligible for ILR before my kid was born. Is this true?

No.

This is why everything told to you by UKVI on the phone should be taken with a pinch of salt. It is not exactly a secret that a child born in the UK where neither parent has settled status will not be British. To even suggest doing an NS application is ridiculous and would be a waste of £162. In fact I am quite worried that an advisor is giving out incorrect information on even the most basic of nationality matters

Once at least one of the child's parents has ILR/PR, the child is entitled to register as a British citizen on form MN1 under section 1(3) of the British National Act 1981. The fee for this is increasing to £925 from 18th March.

The thread that vinny has linked to above has all the relevant information

as long as i can prove that even though i did not apply for ILR, i was eligible for ILR before my kid was born. Is this true?

You seem confused. Your statement above is so flawed. ILR has to be applied for. You don't acquire it automatically like EU citizens acquire PR. If you don't apply for ILR when you qualify or are eligible, then it is no ones fault but your own if your child was born after you could have applied.

You will need to register the child on MN1 in the normal process. Being eligible for ILR does not confer citizenship to your child, it is the actual application and granting of ILR that matters.

Thank you for all your quick replies. Even I felt it is ridiculous and I know it was my mistake not to get my PR done before when I was eligible.Thanks again appreciate all your help