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Application for child born in uk

Posted: Sun Feb 21, 2016 6:11 pm
by tier2013
Hi,
I was recently given ILR, and I was wondering if I can apply for citizenship for my child who was born in the UK. Could someone please tell me what forms, documents, etc. are required for this?
Is it possible to apply for citizenship for her even though she was born in the UK BEFORE I was granted ILR?

Another point I should mention is that although she was born here, and has a birth certificate, she does not have a passport. She has not travelled out of the UK since her birth.

Thank you for your replies.
M

Re: Application for child born in uk

Posted: Sun Feb 21, 2016 6:22 pm
by vinny

Re: Application for child born in uk

Posted: Tue Mar 01, 2016 2:53 am
by God-helpus
Dear Members
I have booked appointments for ILR for myself and 3 dependants on 9 March.
After reading at this forum, it seems I do not need to get the ILR for my son who was born in UK and can directly file for citizenship after my ILR.
But I have already paid the full fees for all and applicants
How can I get refund for 1 application of my son as he was born in UK?
I do not wish to cancel the appointment for all of us. Is there a number where I can call and speak to them?

Thanks
Amit

Re: Application for child born in uk

Posted: Wed Mar 02, 2016 8:14 pm
by tier2013
vinny wrote:MN1.
Is it possible to apply for british citizenship for my son, as well? He was not born in the UK, but has been living here since he was 4 months old.
Or will I have to apply for ILR for him?

Re: Application for child born in uk

Posted: Wed Mar 02, 2016 8:52 pm
by scorpio81
tier2013 wrote:
vinny wrote:MN1.
Is it possible to apply for british citizenship for my son, as well? He was not born in the UK, but has been living here since he was 4 months old.
Or will I have to apply for ILR for him?


Think you can apply for his naturalization on form MN1 (child under 18).

Re: Application for child born in uk

Posted: Wed Mar 02, 2016 9:02 pm
by scorpio81
God-helpus wrote:Dear Members
I have booked appointments for ILR for myself and 3 dependants on 9 March.
After reading at this forum, it seems I do not need to get the ILR for my son who was born in UK and can directly file for citizenship after my ILR.
But I have already paid the full fees for all and applicants
How can I get refund for 1 application of my son as he was born in UK?
I do not wish to cancel the appointment for all of us. Is there a number where I can call and speak to them?

Thanks
Amit


Hi

Send an email with full explanation and asking for a full refund to:

PSCAppointmentRefunds@homeoffice.gsi.gov.uk

Include:
your name
payment number (this will be on your payment confirmation)
booking reference number (this will be on your confirmation email)
name of the person who paid the fee (if it wasn’t you)
why you cancelled or missed your appointment
IHS reference number (if you have one)

Re: Application for child born in uk

Posted: Wed Mar 02, 2016 9:26 pm
by CR001
scorpio81 wrote:
tier2013 wrote:
vinny wrote:MN1.
Is it possible to apply for british citizenship for my son, as well? He was not born in the UK, but has been living here since he was 4 months old.
Or will I have to apply for ILR for him?


Think you can apply for his naturalization on form MN1 (child under 18).
Children born abroad are expected to hold ILR (free from immigration time restrictions) to be eligible for citizenship. A child born abroad is an application at HO discretion and there have been many refusals with people thinking they can skip ILR to save money.

Re: Application for child born in uk

Posted: Thu Mar 03, 2016 4:43 pm
by tier2013
CR001 wrote:
scorpio81 wrote:Think you can apply for his naturalization on form MN1 (child under 18).
Children born abroad are expected to hold ILR (free from immigration time restrictions) to be eligible for citizenship. A child born abroad is an application at HO discretion and there have been many refusals with people thinking they can skip ILR to save money.
Is there guidance issued by the Home Office for this decision?

Re: Application for child born in uk

Posted: Thu Mar 03, 2016 9:24 pm
by noajthan
tier2013 wrote:
CR001 wrote:
scorpio81 wrote:Think you can apply for his naturalization on form MN1 (child under 18).
Children born abroad are expected to hold ILR (free from immigration time restrictions) to be eligible for citizenship. A child born abroad is an application at HO discretion and there have been many refusals with people thinking they can skip ILR to save money.
Is there guidance issued by the Home Office for this decision?
Naturally. We don't just make this stuff up here.

Ref https://www.gov.uk/government/uploads/s ... 150402.pdf

Re: Application for child born in uk

Posted: Thu Mar 03, 2016 9:46 pm
by CR001
In noajthan's link, see particularly point 9.17.24, the key words are 'free of conditions of stay' i.e. ILR.
9.17.24
We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
You must also bear in mind that there are no appeal processes for refused citizenship applications and requests for reconsideration can take many many months and in that time, the child will have no visa or ILR and be stuck in the UK.

Re: Application for child born in uk

Posted: Tue Mar 08, 2016 6:41 pm
by tier2013
CR001 wrote:In noajthan's link, see particularly point 9.17.24, the key words are 'free of conditions of stay' i.e. ILR.
9.17.24
We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
You must also bear in mind that there are no appeal processes for refused citizenship applications and requests for reconsideration can take many many months and in that time, the child will have no visa or ILR and be stuck in the UK.

Thank you, CR001.

Re: Application for child born in uk

Posted: Wed Mar 09, 2016 1:34 pm
by noajthan
Example of recent refusal of foreign-born child due to no ILR:
british-citizenship/mn1-3-1-refusal-com ... 04978.html

Re: Application for child born in uk

Posted: Sat Mar 12, 2016 7:45 am
by tier2013
CR001 wrote:In noajthan's link, see particularly point 9.17.24, the key words are 'free of conditions of stay' i.e. ILR.
9.17.24
We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
You must also bear in mind that there are no appeal processes for refused citizenship applications and requests for reconsideration can take many many months and in that time, the child will have no visa or ILR and be stuck in the UK.
In the application form MN1, under what section of the British Nationality Act 1981 would this be considered?

Also, 1.3 asks "if and when the child was given indefinite leave to enter/remain in the uk". How do I answer this, since my child doesn't have ILR? She was born here.....

Re: Application for child born in uk

Posted: Sat Mar 12, 2016 9:02 am
by vinny
"Not applicable".

MN1

Posted: Sat Mar 12, 2016 9:13 am
by tier2013
I'm planning to send MN1 but am unclear about the following:

1. Are photocopies acceptable as documentary evidence? Or will they need to be certified by a Solicitor?
2. How do I send the fees?

Thank you

Re: MN1

Posted: Sat Mar 12, 2016 9:59 am
by noajthan
tier2013 wrote:I'm planning to send MN1 but am unclear about the following:

1. Are photocopies acceptable as documentary evidence? Or will they need to be certified by a Solicitor?
2. How do I send the fees?

Thank you
1) Originals required or apply via NCS who will make official copies.

2) Google current fees document

Re: MN1

Posted: Mon Mar 14, 2016 10:47 am
by tier2013
noajthan wrote:
tier2013 wrote:I'm planning to send MN1 but am unclear about the following:

1. Are photocopies acceptable as documentary evidence? Or will they need to be certified by a Solicitor?
2. How do I send the fees?

Thank you
1) Originals required or apply via NCS who will make official copies.

2) Google current fees document

Thank you for your reply.

I am facing a bit of a dilemma with documentation: I need to apply for naturalisation for my daughter, ILR for my son and ILR for my wife.
My wife has booked an appointment to apply in person on the 23rd of March. I would like to post the other applications before the 18th, but obviously I only have one set of original documents to send away.
The Nationality checking service informs me that they can only do the check on my daughter's application, not my son's.

Would the home office accept a copy of the documentation (certified by a solicitor) under such circs?

Thanks in advance.

Re: Application for child born in uk

Posted: Mon Mar 14, 2016 11:40 am
by tier2013
vinny wrote:"Not applicable".
Thank you.

Re: MN1

Posted: Mon Mar 14, 2016 2:23 pm
by CR001
tier2013 wrote:
noajthan wrote:
tier2013 wrote:I'm planning to send MN1 but am unclear about the following:

1. Are photocopies acceptable as documentary evidence? Or will they need to be certified by a Solicitor?
2. How do I send the fees?

Thank you
1) Originals required or apply via NCS who will make official copies.

2) Google current fees document

Thank you for your reply.

I am facing a bit of a dilemma with documentation: I need to apply for naturalisation for my daughter, ILR for my son and ILR for my wife.
My wife has booked an appointment to apply in person on the 23rd of March. I would like to post the other applications before the 18th, but obviously I only have one set of original documents to send away.
The Nationality checking service informs me that they can only do the check on my daughter's application, not my son's.

Would the home office accept a copy of the documentation (certified by a solicitor) under such circs?

Thanks in advance.
NCS will COPY your documents and give you the originals back. Use the orginals for the ILR applications. NCS is for citizenship, not ILR. Which application do you want to post?

Re: MN1

Posted: Mon Mar 14, 2016 2:32 pm
by tier2013
I want to post my son's ILR application and I want to ensure that it reaches the home office before the 18th of this month. However, if I send the documents with his application, then they won't be available for my wife's appointment on the 23rd of march.

Re: MN1

Posted: Mon Mar 14, 2016 3:16 pm
by CR001
Passport and BRP copy should be fine. Get them certified for peace of mind if you wish.

Re: MN1

Posted: Wed Mar 30, 2016 7:41 pm
by tier2013
How long do the Home office take before they respond to the application for naturalisation? It has been a few days since the MN1 form was received but they haven't taken the fees, yet. They have taken the £1500 for my son's ILR application, but haven't sent an acknowledgement.

How long should I leave it before I make contact and chase this up with the Home Office?

Thank you for your replies

Re: MN1

Posted: Wed Mar 30, 2016 8:00 pm
by noajthan
tier2013 wrote:How long do the Home office take before they respond to the application for naturalisation? It has been a few days since the MN1 form was received but they haven't taken the fees, yet. They have taken the £1500 for my son's ILR application, but haven't sent an acknowledgement.

How long should I leave it before I make contact and chase this up with the Home Office?

Thank you for your replies
Minors are not naturalised but registered.

A few days is way too early to start worrying about inaction. Don't forget applications will also have accumulated over the Easter break.

It is quite usual to receive no acknowledgments and to hear nothing from HO for months.

Re: MN1

Posted: Wed Jun 22, 2016 9:38 am
by tier2013
Fortunately, my daughter's registration has gone through, and the Home Office have returned all the documents. Still waiting for an outcome for my son's application, but I suppose it will take 6 to 8 months.

At this stage, I'm wondering if there are any advantages to applying for my daughter's British passport. Are there any drawbacks to leaving it for a year, by which time my son's ILR would also have come through and he would, hopefully, have completed a year on ILR, thereby allowing me to apply for passports for both children simultaneously?

I'd also like to thank everyone here who has replied to my posts and guided me in this matter.
:)
M

Re: MN1

Posted: Wed Jun 22, 2016 9:43 am
by noajthan
tier2013 wrote:Fortunately, my daughter's registration has gone through, and the Home Office have returned all the documents. Still waiting for an outcome for my son's application, but I suppose it will take 6 to 8 months.

At this stage, I'm wondering if there are any advantages to applying for my daughter's British passport. Are there any drawbacks to leaving it for a year, by which time my son's ILR would also have come through and he would, hopefully, have completed a year on ILR, thereby allowing me to apply for passports for both children simultaneously?

I'd also like to thank everyone here who has replied to my posts and guided me in this matter.
:)
M
Good news indeed.
There are no joint applications for anything so you may as well get first passport applied for and in the bag asap.