British Citizenship for baby born in U.K before ILR

[star07]

My son born in Feb,2007 in U.K and at that time I was on HSMP visa.Now we have got our ILR, my question is that can I apply for British passport for my son who bon in U.K during our HSMP visa.

Star07

[John]

British passports can only be issued to British Citizens, and your son is not British .... yet!

However you are entitled to make an application to Register your child as British, using form MN1, and the application will be under section 1(3). Such an application is an entitlement ... no UKBA discretion involved ... so is bound to succeed, as long as the correct supporting evidence is supplied.

Section 1(3) applications are dealt with quite quickly, usually in less than a month. As soon as the Certificate of Registration is received that can be used to apply for a British passport.

[star07]

John, Thanks for you reply. I really appriciate the way you are helping people to get their answers. John, in 3 months time we will be eligible to apply for British citizenship so rather then going for separate application for my son do you think it is more wiseable to submit his application as dependant when I will apply for citizenship.

star07

[John]

star07, have you any other children, born outside the UK? If so certainly delay submitting the form MN1 for your born-in-the-UK child, so that all MN1 forms can be submitted at the same time. There is a significant reduction in application fee for MN1 forms ... if and only if they are submitted at the same time.

Even if no other children there is nothing to stop you submitting the form MN1 for your child, at the same time as submitting the forms AN for you and your spouse. But no saving in fees, and still the same number of forms to complete.

[star07]

John Thank for your reply.
Just to give compete picture. I came U.K on HSMP visa in January,2006 and my family (wife and one year old daughter) joined me in May,2006. February,2007 our son born in U.K. On January 2010 we all got ILR under HSMP Judicial review(After 4 years). Now in January,2011 I will complete my 5 years and will be eligible for applying citizenship. My wife and my daughter will complete 5 years in May, 2011 therefore will be eligible for citizenship in May,2011.
Hopefully this will be my last question that what path I should adopt which should be feasible both in term of cost and time. Although my wife and daughter will not be eligible until may,2011 but I want to apply for citizenship in Jan.2011.

star07

[John]

OK, I understand, but need to correct you on one point. That is, your daughter is not subject to a 5-year requirement, and that being the case :-

• In January 2011 after the 5th anniversary of your entry to the UK, submit your form AN and the forms MN1 for your two children, and then
• in May 2011, after her 5th anniversary of arrival in the UK, your wife can submit her form AN .... but alternatively
• wait until after your wife's 5th anniversary and submit all the forms together.

Do appreciate that if husband and wife submit their forms AN at the same time then there is a saving in application fees. And also as previously said, if the forms MN1 for the children are submitted at the same time then there is also a saving in application fees.


As regards the form MN1 for your daughter, under section 3(1), as she was one year old back in 2006, she is clearly under 13 years old. Accordingly when submitting her application there is actually no particular time requirement in the UK. For children aged 13-17 there is just a 2-year requirement.

[007]

• In January 2011 after the 5th anniversary of your entry to the UK, submit your form AN and the forms MN1 for your two children, and then
• in May 2011, after her 5th anniversary of arrival in the UK, your wife can submit her form AN .... but alternatively
• wait until after your wife's 5th anniversary and submit all the forms together.

Do appreciate that if husband and wife submit their forms AN at the same time then there is a saving in application fees. And also as previously said, if the forms MN1 for the children are submitted at the same time then there is also a saving in application fees.


As regards the form MN1 for your daughter, under section 3(1), as she was one year old back in 2006, she is clearly under 13 years old. Accordingly when submitting her application there is actually no particular time requirement in the UK. For children aged 13-17 there is just a 2-year requirement.

John, what about his wife, is she not eligible to apply after 3 yrs as a spouse of a British citizen? I guess the 5 yrs rule does not apply in her case? Can she apply directly after he receives his naturalisation, and not wait until May 2011?

"Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

â– have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
â– have been present in the United Kingdom three years before the date of your application; and
â– have not spent more than 270 days outside the United Kingdom during the three-year period; and
â– have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
â– have not been in breach of the immigration rules at any stage during the three-year period.
"
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

[John]

John, what about his wife, is she not eligible to apply after 3 yrs as a spouse of a British citizen?

Yes you are right, but in practice it would not make much difference, on the facts for this family.

I still recommend that they all apply together, once the wife has also completed her 5 years.