ILR for Children who born in UK

[mprmani]

Hello,

I am going to apply ILR in Apr for me and my wife, but my question is do I need to apply ILR for my son who is born in UK.

Currently my son is holding india passport, please suggest me.

My Visa Details
-------------------

Tier 2 ICT

All three of us having Tier 2 Valid Visa until 2015.

[CR001]

No you don't. You can registered child on MN1 under Section 1(3) as British Citizen as soon as you receive your ILR.

[mprmani]

We have consultted one of the immigration lawyer, he told us that we need to apply ILR for my child as well. Because currently he is holding Tier 2 ICT dependant visa and India passport, if we apply Citizenship using parents ILR that will not match.

So really I have confused.

[CR001]

Please read the information on Children in the link below :

http://www.immigrationboards.com/viewtopic.php?t=95747

MN1 applications under Section 1(3) is entitlement as the child was born in the UK.

The advise you have been given is incorrect.

[vinny]

Immigration status of child (born in the UK) is not relevant to child's entitlement, after a parent is granted ILR.

[mprmani]

Hi,

Most of them are recommending to apply ILR for my son as well. because citizenship will take 4 months and not clear about the below statement.

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

I have checked with solicitors and they are recommending to apply ILR for my son as well. (below statement)

I can confirm that your son would need to have ILR in order to apply with you to acquire British nationality.

Please suggest me.

[physicskate]

Hi,

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

Re-read that statement. Once you get ILR, your UK-born child is eligible to become registered as a British Citizen. He or she does not need ILR to do this. It will save the cost of his application.

Perhaps these lawyers get more commission for 'helping' with his application?

[silverline]

It's not the first time I am hearing solicitor(s) giving wrong advice. You can surely get ILR for you UK born under 18 kids (regardless of their age) as soon as one of the parents get ILR.........I know a family who did this without any issue.

[mprmani]

Thank you for your advises.

[Spatacus]

Hi,

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

Re-read that statement. Once you get ILR, your UK-born child is eligible to become registered as a British Citizen. He or she does not need ILR to do this. It will save the cost of his application.

Perhaps these lawyers get more commission for 'helping' with his application?

Hello physicskate,
could you please clarify what information to fill in section 1.3 when applying for a child born in the UK on application form MN1

See below:
---------------------------------------------------------------------------------------
1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss you should ensure that they
qualify for permanent residence. D D M M Y Y Y Y
Child has indefinite leave to enter/remain in the UK. Date granted

[Spatacus]

Please read the information on Children in the link below :

http://www.immigrationboards.com/viewtopic.php?t=95747

MN1 applications under Section 1(3) is entitlement as the child was born in the UK.

The advise you have been given is incorrect.

Hello CR001,
please clarify what information to fill in section 1.3 when applying for a child born in the UK on application form MN1

See below:
---------------------------------------------------------------------------------------
1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss you should ensure that they
qualify for permanent residence. D D M M Y Y Y Y
Child has indefinite leave to enter/remain in the UK. Date granted

http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf

[vinny]

See also MN1 without ILR for child born in UK.

[Spatacus]

See also MN1 without ILR for child born in UK.

Hello Vinny, many thanks for the link of thread clarifying my question above. Much appreciated.

[zwadi]

Hello Respected Members,

I hope you will help me. I have searched on this forum but still not clear so I thought I would ask your opinion rather getting more confused.

My son was born in the UK when I was on tier 1 visa but now I got ILR but my wife and him still on depedant visa and I want to apply for my son British citizenship.

Can you please advise onto the following questions:

1. Which form to use for him ?

2. What's a difference between naturalisation for child or register as BC?


if you can send me the link of the form that I need to use then it would be much appreciated.

Thanks

Za

[vinny]

1. MN1
2. Naturalisation is only for adults. For children, it's Registration.