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Hi everyone, our situation is quite confusing I suppose.
Me(Latvian) and my husband(Belarus, spouse of EEA national) moved to UK in 2007, our first son was born in Feb 2009, then in Aug 2014 my husband got an ILR, in Nov 2014 we had our second son.
We have been told our second son can have British passport straight away.
However, one of the ladies in the post office said that under discretion of home office or passport office it would be possible for the first one to get British passport, as siblings from same parents, both born in the same country can’t be declined same passport.
Unfortunately I’ve never got confirmation of this from home office.
I know, that he can become citizen through MN1, but I think that will involve a substantial fee, which I cannot afford. Whether simply getting the passports through passport office would be much cheaper.
I’ve read online something a little bit related to this matter and the article said it would be under Home Office discretion.
Would anyone be able to advise on this situation?
Thanks

Your first child is not British so cannot apply for a passport directly. You have to register the child on mn1 first and pay the fee if £1022.

Lubova82 wrote: ↑

Mon Jul 29, 2019 6:43 pm

siblings from same parents, both born in the same country can’t be declined same passport.

Yes, they can.

Each child has to be a British citizen before they can apply for a British passport. The British citizenship of their sibling (or even parents if they acquired British citizenship after the child's birth) is irrelevant and does not give the right to British citizenship or passport.

The first child is not a British citizen (unless you register him as a British citizen using Form MN1), while the second child is born a British citizen and can apply directly for a British passport.

Lubova82 wrote: ↑

Mon Jul 29, 2019 6:43 pm

in Aug 2014 my husband got an ILR,

Be sure to retain proof of this ILR/PR, because that will be the basis of your second child's British citizenship (and perhaps even his children/grandchildren's British citizenship) and he may be required to prove it years into the future.