Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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Sreyas
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by Sreyas » Wed Jun 19, 2013 9:33 pm
Me, my wife and my son are eligible for Indefinate leave to remain.
My son was born in the UK.
Can I possibly apply for the ILR for me and my wife and apply directly for British Passport for my son thereafter, within 28 days time?
Reference UKBA:
Children born in the United Kingdom
British citizen
This page explains how a child born in the United Kingdom whose parents were not British citizens or settled in the United Kingdom at the time of the child's birth can meet the requirements to be registered as a British citizen.
Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.
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paba89
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by paba89 » Wed Jun 19, 2013 10:14 pm
Sreyas wrote:Me, my wife and my son are eligible for Indefinate leave to remain.
My son was born in the UK.
Can I possibly apply for the ILR for me and my wife and apply directly for British Passport for my son thereafter, within 28 days time?
Reference UKBA:
Children born in the United Kingdom
British citizen
This page explains how a child born in the United Kingdom whose parents were not British citizens or settled in the United Kingdom at the time of the child's birth can meet the requirements to be registered as a British citizen.
Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.
Once you got your ILR, you can apply for your son's British passport.
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Sreyas
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by Sreyas » Wed Jun 19, 2013 10:30 pm
will they take any objections as to why I did not apply for his ILR first along with mine? ,and,
How much time will it approximately take for my sons British passport to come after his application.
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Sreyas
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by Sreyas » Wed Jun 19, 2013 10:31 pm
will they take any objections as to why I did not apply for his ILR first along with mine? ,and,
How much time will it approximately take for my sons British passport to come after his application.
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vinny
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by vinny » Thu Jun 20, 2013 12:36 am
No. Only British citizens may apply for a British passport. Your son is
not yet a British citizen until he is granted registration.
Applying for registration and applying for a British passport are different applications.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Amber
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by Amber » Thu Jun 20, 2013 7:45 am
Indeed, as vinny said plus your child doesn't need to be settled, just the parents should get ilr then as soon as either parent is granted ilr the child has entitlement to register as British (form MN1). Once you have the citizenship certificate you can apply for your child's passport. I have assumed the children were born in the UK and this is a section 1(3) application.
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narulade
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by narulade » Thu Jun 20, 2013 10:22 am
HI all
even i am looking for clarification . how this works.. i am due for ILR if i apply for ILR for myself and my wife and if we get it then can i apply for registration and citizenship for my child born in uk . so i don't need to apply for my child ILR ? if yes how much time it will take for complete process for my child to get british passport .. bit confused .. need help
Thanks
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Amber
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by Amber » Thu Jun 20, 2013 11:38 am
narulade wrote:HI all
even i am looking for clarification . how this works.. i am due for ILR if i apply for ILR for myself and my wife and if we get it then can i apply for registration and citizenship for my child born in uk . so i don't need to apply for my child ILR ? if yes how much time it will take for complete process for my child to get british passport .. bit confused .. need help
Thanks
Once you are settled (have ILR) then your child is entitled to register as British by virtue of section 1(3) of the British Nationality Act. The child does not need to have ILR. The process to register usually takes around 8-12 weeks. Once the child is issued a citizenship certificate (of registration) you can apply for a British Passport and that usually take no more than 2-4 weeks.
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here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
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narulade
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by narulade » Thu Jun 20, 2013 1:42 pm
Thanks Amber
that clarify everything
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asifaslam421
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by asifaslam421 » Fri Dec 19, 2014 12:59 pm
Hi I am sort of similar situation. i have received my ILR recently but my wife is still on tier 2 dependent visa.
We have a one kid who born recently in UK but before I got my ILR. My question is can i apply for his British citizenship directly?
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Obie
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by Obie » Fri Dec 19, 2014 1:10 pm
British Citizenship via registration can be applied for, but not British Passport directly.
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