Are my children British

[Liludiamond]

Hello

I have a question regarding my kids status. We are polish couple living in UK for last 11 years. We have two kids, 10 and 8, both born in uk. We got our uk citizenship 3 years ago and now hold dual polish english citizenship. At that time we didn't naturalise our kids so they only hold polish passports. My question is: do we need to naturalise or register them as british citizens first before applying for british pasport (2grants) or maybe they are british, if we are, and therefore we can save some money and apply for passport without registration?

[noajthan]

Hello

I have a question regarding my kids status. We are polish couple living in UK for last 11 years. We have two kids, 10 and 8, both born in uk. We got our uk citizenship 3 years ago and now hold dual polish english citizenship. At that time we didn't naturalise our kids so they only hold polish passports. My question is: do we need to naturalise or register them as british citizens first before applying for british pasport (2grants) or maybe they are british, if we are, and therefore we can save some money and apply for passport without registration?

If parents were settled (acquired PR) or became British before children were born in UK then they are British.
Apply for passports directly.

If children were born after parents became settled (acquired PR), register them as citizens first.

[CR001]

if children were born after parents became settled (acquired PR), register them as citizens first.

Do you mean 'born before' noajthan??

[Liludiamond]

They were born before we became british, however we were settled from the start, working, paying taxes etc.

[Liludiamond]

so what aclually "settled" mean?
Thanks for responses

[noajthan]

if children were born after parents became settled (acquired PR), register them as citizens first.

Do you mean 'born before' noajthan??

Oops yes: born before...
Thanks CR001.

if children were born before parents became settled (acquired PR), register them as citizens first.

[noajthan]

They were born before we became British, however we were settled from the start, working, paying taxes etc.

Working paying tax etc is not being 'settled' it is the initial exercising of treaty rights as a qualified person.
It takes 5 years of that to acquire PR.
Assuming full and proper WRS registration for an A8 national;
- also assuming no prolonged absences from UK.

Settled means you (at least one parent) had acquired PR status.
The status itself - not necessarily the DCPR card.

If you arrived in UK in 2005 you may have acquired PR as early as 2010.
Note If you have PR cards they may have been issued later than this but date of acquisition of PR is the critical date (not card issue date).

Children born 2006 AND 2008 (?).

If so they are entitled to register as citizens.
Register children under section 1(3) of BNA using form MN1:
https://www.gov.uk/government/publicati ... n-form-mn1

[Liludiamond]

I see, Is that permit to remain? I always assumed eu nationals don't need to have a permit. To be honest we were never asked about permit. Polish passport was enought, we always worked, rent, buy property, study, so just hoping we were "setteled". Even applying for NI was quite straightforward 10 years ago.
I just really want to save this 2 grants,

[Liludiamond]

OK, thank you. It means we have to pay huge registering fee. Oh well.......bye holidays
Again thanks for help.

[noajthan]

I see, Is that permit to remain? I always assumed eu nationals don't need to have a permit. To be honest we were never asked about permit. Polish passport was enought, we always worked, rent, buy property, study, so just hoping we were "setteled". Even applying for NI was quite straightforward 10 years ago.
I just really want to save this 2 grants,

If you arrived in UK in 2005 you may have acquired PR as early as 2010.

Children born 2006 AND 2008 (?).

If so they are not British yet but they are entitled to register as citizens.
Register children under section 1(3) of BNA using form MN1:
https://www.gov.uk/government/publicati ... n-form-mn1

After all that apply for British passports (separate process and different form).

[baddy]

There is no argument on this at all. They are British already. Apply for their passports straightaway. No need to register them at all.

My personal experience:: My two children were born in the UK even when all I had was just a visitor's visa. When I applied for ILR in October 2011, I includd them on my application, but they returned their Fees and cancelled their application. They only gave me the ILR. And they wrote me that my Children were qualified to be registered as British.

But in your own case, you have gone a step above my condition then. You have British Citizenship, all you need to do is apply for their passports and Include their UK issued Birth Certificates.

[Liludiamond]

Hmmm, so did you have to register them as British to optain first passport?

[baddy]

Nope, I applied for their first passports because they were born here and have lived for more than 7 years continuously in the UK. Then All I had was just Tier 1 General as my ILR was still being dealt with as at the time I received the letter from HO asking me to apply for their passports.

[Casa]

There is no argument on this at all. They are British already. Apply for their passports straightaway. No need to register them at all.

My personal experience:: My two children were born in the UK even when all I had was just a visitor's visa. When I applied for ILR in October 2011, I includd them on my application, but they returned their Fees and cancelled their application. They only gave me the ILR. And they wrote me that my Children were qualified to be registered as British.

But in your own case, you have gone a step above my condition then. You have British Citizenship, all you need to do is apply for their passports and Include their UK issued Birth Certificates.

And what was the status of your children's other parent? British or settled

"After the act came into force on January 1 1983, children born in the United Kingdom on or after that date automatically acquired British citizenship if, at the time of their birth, one of their parents was a British citizen or one of the parents was settled in the United Kingdom".

[noajthan]

There is no argument on this at all. They are British already. Apply for their passports straightaway. No need to register them at all.

My personal experience:: My two children were born in the UK even when all I had was just a visitor's visa. When I applied for ILR in October 2011, I includd them on my application, but they returned their Fees and cancelled their application. They only gave me the ILR. And they wrote me that my Children were qualified to be registered as British.

But in your own case, you have gone a step above my condition then. You have British Citizenship, all you need to do is apply for their passports and Include their UK issued Birth Certificates.

This says it all:

they wrote me that my Children were qualified to be registered as British

[LilyLalilu]

There is no argument on this at all. They are British already. Apply for their passports straightaway. No need to register them at all.

And how did you come to this conclusion? The information you are giving out seems wrong to me.

To OP:
If you came to the UK in 2005, the earliest you could have automatically acquired Permanent Residence (i.e. 'settled status') is 2010 (assuming you worked for 5 continuous years with correct WRS registration and were not absent for more than 180 days a year). So if your children were born before then, they are not automatically British. However, as they are UK born, they now have an entitlement to be registered as British Citizens (use form MN1).

[Liludiamond]

So the fact me and my husband are british does not change anything?

[noajthan]

So the fact me and my husband are british does not change anything?

No, as children were born before you were even settled they do not 'inherit' anything.
If they have ambitions for citizenship they need to register. As they had the foresight to be born in UK at least this is an entitlement;
(in comparison, foreign-born children are only registered at discretion).

[ohara]

British Nationality Act 1981 section 1

http://www.legislation.gov.uk/ukpga/1981/61/section/1

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.

Form MN1 and £936 per child. Simples.