Indefinite leave to enter and indefinite leave to remain

[ajalloh]

Hi All.

I am very confused right now. I am a British citizen now but wasn't when my child was born. I had indefinite leave to enter. Settlement to join my mother.

My question is can I apply for a British passport for my child with indefinite leave to enter? Or is it indefinite leave to remain that gives him citizenship?

[LilyLalilu]

I'm not sure but I think they both mean that you are permanently settled - ILR is granted to people already in the UK and ILE is granted to people outside the UK. Was your child born after the date you came to the UK using your ILE?

[vinny]

if child was born in UK while you had infinite leave to enter, then child is automatically British.

[vinny]

He was. I applied for his passport and got a letter that he can't get citizenship through me because indefinite leave to enter is different to indefinite leave to remain

If your ILE was activated by you coming to the UK before he was born, then the letter is mistaken.

[ajalloh]

yes my child was born in 2012 and I entered the UK in 2003

[vinny]

What were your absences from the UK between the two dates?

[ajalloh]

my last holiday date was Dec 2011 returned Jan 2012 and he was born Aug 2012

[vinny]

After activation, ILE is equivalent to ILR.

However, since you were granted ILE a long time before your son was born, I'm also struggling to determine that your indefinite leave had not lapsed at the time of his birth.

More details needed.

What were the dates, reasons and durations of all your absences from 2003 until your son was born? Did you have a permanent UK address throughout, etc.?

Nevertheless, did they grant your British citizenship based on your ILE? It may be difficult for them to claim that your indefinite leave status had lapsed when your son was born, if they granted your British citizenship based on your initial ILE status from 2003.

It may be prudent for your son to apply for a confirmation of British nationality and subsequently use it to apply for a British passport.