naturalisation

[NjeshK]

I have lived in UK for 13 years, I was granted a refugee status, limited leave to remain (5 years) in November 2007 and expired November 2012. I applied for ILR in October 2012 and I have received my ILR in January 2013. Do I need to wait another year to apply for naturalization? As it states in its conditions that applicants must have a prior 5 years residency in the UK to qualify for naturalization. Does my 5 years count or do I have to have a year on ILR or does my case qualify for discretion to waive the one year residency requirement?

[Gagan1986]

You have to be on ILR for 12 months to be eligible to apply for naturalisation

[NjeshK]

I have two kids whom I applied British passport for. My son was given British passport bt my daughter was rejected.

My daughter was born in UK 2008 and they refused to give her, the fact that I did not have ILR before she was born.
I applied with the father passport as he had ILR before she was born ( we are not married though)
The passport office rejected the application because the father wasn't named within the 12 months of the child birth. On her birth certificate , the father was register in 2009 1 year and 2 month after she was born. due to busy life we actually forgot to make another appointment for the father to register his name on her birth certificate. I never knew this could be an issue.

I have a British passport and the father has a foreign passport

Now I do not know what to do, anyone ?? Do i register her as british pay £669 estimate; what do I do

[Obie]

Paternity can be proven by other means. Father's name does not need to be on Birth Certificate.

Decision seems wrong.

[NjeshK]

the passport office requested for a birth certificate with the father name within the 12 months of birth regardless me sending my british passport and the father sending his ILR showing he got them before the child was born . they rejected it and claim i should register her as british

it does not make sense, the kids are all same dad and yet they gave one and refused the other because of birth certificate

[Obie]

You should challenge the decision by means of a JR.

No law states what they are saying.

Right to citizenship is provided by statute, and statute did not put the restriction that they are seeking to put.

[NjeshK]

what doe JR means ...and how do I challenge this??

this has delayed our holiday

this is what it states but dont see where the birth certificate came from

From 2 October 2000 to 29 April 2006 will only be British citizens if at least one parent had obtained indefinite leave to remain or the unconditional right to permanent residence in the UK prior to the birth;

[NjeshK]

the HM passport Office requested my daughter passport application due to the fact that her birth certificate didnt have the father name within the 12 months of her birth. I have sent them my british passport and the father's ILR showing he got them before the child was born and yet they rejected it.

Any ideas what I should do , despite sending them the letters... Do i need to fill in for stateless form for my daughter or ???

[noajthan]

Moved to correct forum: British Citizenship.

[Obie]

the HM passport Office requested my daughter passport application due to the fact that her birth certificate didnt have the father name within the 12 months of her birth. I have sent them my british passport and the father's ILR showing he got them before the child was born and yet they rejected it.

Any ideas what I should do , despite sending them the letters... Do i need to fill in for stateless form for my daughter or ???

What reason was given for refusal?

[NjeshK]

Obie

this was rejected coz the father name was not registered on her birth cert within the 12 months of her birth.

[Casa]

I have two kids whom I applied British passport for. My son was given British passport bt my daughter was rejected.

My daughter was born in UK 2008 and they refused to give her, the fact that I did not have ILR before she was born.
I applied with the father passport as he had ILR before she was born ( we are not married though)
The passport office rejected the application because the father wasn't named within the 12 months of the child birth. On her birth certificate , the father was register in 2009 1 year and 2 month after she was born. due to busy life we actually forgot to make another appointment for the father to register his name on her birth certificate. I never knew this could be an issue.

I have a British passport and the father has a foreign passport

Now I do not know what to do, anyone ?? Do i register her as british pay £669 estimate; what do I do

[NjeshK]

cassa, i don recall sending you message ..

[Casa]

cassa, i don recall sending you message ..

You didn't..,.why do you ask? The signature in red text is standard in all my posts and not directed at you. I quoted your post to give Obie a clearer background to your situation.

[Richard W]

You should challenge the decision by means of a JR.

No law states what they are saying.

Right to citizenship is provided by statute, and statute did not put the restriction that they are seeking to put.

The law the refusal is based on is

2. The following requirements are prescribed as to proof of paternity for the purposes of section 50(9A)(c) of the British Nationality Act 1981—

(a)the person must be named as the father of the child in a birth certificate issued within one year of the date of the child’s birth; or

(b)the person must satisfy the Secretary of State that he is the father of the child.

This does assume that NjeshK was not married when her daughter was born. (The context implies it, but I couldn't see it written down anywhere. Of course, if she were married at the time, the daughter could derive British citizenship from the husband.)

NjeshK has two options - pay for a DNA test to prove paternity, or pay for registration by entitlement.