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I am on Tier 1 visa along with my wife (dependant visa) & daughter (born in UK 2007, dependant visa). We are due to apply for ILR in June 2011 (been on tier 1 for 5 years). Our second daughter was born in Feb 2011.

We plan to travel to India in October 2011. I am aware I can apply for british citizenship for our second daughter -

1. Do I apply at the same time or after I get my ILR done.

2. Can I apply for my first daughter to become a british citizen at the same time as my second daughter ( cost for 1 child £500, for 2 children £600) instead of applying ILR for her. Or get ILR for myself, my wife and 1st daughter now.

3. I guess if they get british passports done - they would need india visa to travel to india.

many thanks in advance.

nsha wrote:I am on Tier 1 visa along with my wife (dependant visa). We are due to apply for ILR in June 2011 (been on tier 1 for 5 years).

Assuming the second daughter was also born in the UK:

nsha wrote:I am aware I can apply for british citizenship for our second daughter

No you cannot, not before you are granted settlement (for either daughter).

nsha wrote:1. Do I apply at the same time or after I get my ILR done.

As above.

nsha wrote:2. Can I apply for my first daughter to become a british citizen at the same time as my second daughter ( cost for 1 child £500, for 2 children £600) instead of applying ILR for her. Or get ILR for myself, my wife and 1st daughter now.

Though the choice is yours but there is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of).
For children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

nsha wrote:3. I guess if they get british passports done - they would need india visa to travel to india.

Of course!

thanks for the prompt reply.

Hello

I just called the UKBA contact centre to enquire and they said that as my daughter is born before I get the ILR status, she too has to apply for ILR first with me before being granted citizenship!

Not sure what to do now.

nsha

nsha, for the record, your child born last month, where was she born? In the UK?

Yes both daughters born in Uk. 1st baby aug 2007 , second baby feb 2011. We r due for ilr in June 2011

That being the case, I can say that the so-called UKBA helpline has proved to be unhelpful. Simply what you have been told is a load of rubbish. You need not apply for ILR for either daughter.

As soon as you have your ILR the born-in-the-UK children will be entitled to apply for Registration as British, under section 1(3). Such an application is an entitlement application ... no UKBA discretion involved ... and accordingly whether the children have ILR, or not, is irrelevant.

Make the applications soon after you have your ILR ..... section 1(3) applications are dealt with quite quickly, and expect to receive their Certificates of Registration in under a month, probably in 2 to 3 weeks.

Had a child been born outside the UK, the application would be under section 3(1), and then it would be necessary for that child to have ILR before the application is made.

Did the UKBA "helpline" actually ask whether the children were born in the UK?

Yes, the I told the lady my whole situation. She was in a hurry though. I will probably ring again on Monday and challenge them on the basis of you advice.

I would say, save yourself the bother and expense of ringing again, and instead read the relevant part of the UKBA instructions to its staff .... click here.

Then read 8.1.1.1 in particular. Again I emphasise that a section 1(3) application is an entitlement application. No UKBA discretion involved.

Please share what you did in the end did you include kids in ILR application etc

Sufi2 wrote:Please share what you did in the end did you include kids in ILR application etc

No need for children born in the UK to get ILR first, as John stated. Apply for their registration under section 1(3), AFTER you get your ILR. Once Registration Certificate is received then apply for their pasport.

Thank you mk357, how then do you complete MN1sections 2 and 3? They ask for date of ilr

See also MN1 without ILR for child born in UK

Thank you vinny! Every little does help
kmore97 - how did the registration go?