Is my son eligible for British Passport?

hamid84 · Post by **hamid84** » Sun Jan 18, 2009 1:05 pm

I hold ILR and my son was born in UK. Is he eligible for having british passport? I did try to apply online but they need marriage proof. Im married islamically, not via COA.

Would that be enough proof?

Thanks

Post by **JAJ** » Sun Jan 18, 2009 10:38 pm

When was your son born?

When did you get ILR?

Are you shown as father on the child's birth certificate?

Post by **Frontier Mole** » Sun Jan 18, 2009 11:48 pm

Your son will not get a UK passport. He has access to UK citizenship in the same way you have.

Being born in the UK to non UK citizens attracts nothing in the way of UK citizenship.

Post by **JAJ** » Mon Jan 19, 2009 2:45 am

Frontier Mole wrote:Your son will not get a UK passport. He has access to UK citizenship in the same way you have.

Being born in the UK to non UK citizens attracts nothing in the way of UK citizenship.

Frontier Mole, that really isn't correct advice ... if a child is born in the U.K. to a parent with ILR, Permanent Residence or Right of Abode, then child is a British citizen.

blessedlady89 · Post by **blessedlady89** » Mon Jan 19, 2009 6:47 am

Fontier Mole is wrong
You're right JAJ. My spouse has a n ILR and my child was born here. And we applied for a british passport for our child.

JAJ wrote:
Frontier Mole wrote:Your son will not get a UK passport. He has access to UK citizenship in the same way you have.

Being born in the UK to non UK citizens attracts nothing in the way of UK citizenship.
Frontier Mole, that really isn't correct advice ... if a child is born in the U.K. to a parent with ILR, Permanent Residence or Right of Abode, then child is a British citizen.

Post by **Frontier Mole** » Mon Jan 19, 2009 8:35 am

Sorry - did not read the OP very well - now notice the ILR bit

Here is the law that states your son is already a Brit Cit

British Nationality Act 1981

Acquisition by birth or adoption.â€” (1) A person born in the United Kingdom after commencement [F1 , or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother isâ€”
(a)a British citizen; or
(b)settled in the United Kingdom [F2 or that territory].

hamid84 · Post by **hamid84** » Mon Jan 19, 2009 1:15 pm

Hi,

My son was born in May 2008, I received ILR in October... Yes my name is written on his birth certificate.

What else would i require???

Post by **vinny** » Mon Jan 19, 2009 1:33 pm

If you received your ILR after you son was born, then he may register (MN1).

hamid84 · Post by **hamid84** » Mon Jan 19, 2009 1:55 pm

So vinny what does that mean?? I am confused now..

Which documents will now i have to provide them to get passport for my son?

hamid84 · Post by **hamid84** » Mon Jan 19, 2009 1:59 pm

Further to vinny's reply,

I was on asylum when my son was born and Home Office does not know that i am married because i didn't get COA.

Post by **vinny** » Mon Jan 19, 2009 11:43 pm

hamid84 wrote:Hi,

My son was born in May 2008, I received ILR in October... Yes my name is written on his birth certificate.

What else would i require???

If you were granted your ILR after your son was born, then he is not automatically British. However, he may apply for registration. After registration is granted, he may apply for a British passport.

hamid84 · Post by **hamid84** » Wed Feb 25, 2009 11:54 am

Finally i have managed to get hold of MN1 form and trying to fill in but its so confusing..

Section 1.3: When was the child granted ILR? ( My son was not as he was born before i received ILR and I have not registered my marriage)

1.9: Present nationality ( He does not have any thats why i want to apply for british citizenship for him )

2.1: Date and Place of 1st arrival in UK ( He was born here so what shall i write? )

3.1: Please say which parent is the one who is a British citizen by descent and on whom this application is based ( I only hold ILR, Wife does not )

3.3 Please give details of all absences from the United Kingdom and the British overseas territories during the
reckonable period of residence above. If necessary, please continue on page 11 of this application form. ( Since i was on asylum so never been out of UK for over 8 years )

Section 6: Consent to the Application ( Im not british citizen yet as im holding ILR )

I know its long post but i would appreciate if i can be provided some help in regards to all my questions.

Thanks once again

Post by **JAJ** » Thu Feb 26, 2009 12:05 am

Section 1.3 : Child does not need to have ILR for this kind of registration [section 1(3) of the British Nationality Act], so "Not Applicable".

1.9 : Doesn't the child at least have the nationality of the parents?

2.1 : Write "Born in UK"

Section 3 of the form : Not applicable to this kind of registration.

Consent : Both parents should sign if possible but although they say it's "expected" that is in fact illegal and untrue - they cannot refuse a section 1(3) application due to lack of parental consent.

hamid84 · Post by **hamid84** » Thu Feb 26, 2009 12:24 pm

Hi JAJ, Thanks for reply.

Section 1.9 : I have not applied for his Pakistani passort or registered him as Pakistani Citizen as per legal requirements.

On the form, it no where says how much is the FEE & what sort of documents would i need to supply?

Is birth certificate enough with my name on it as a father?

Thanks

hamid84 · Post by **hamid84** » Thu Feb 26, 2009 1:00 pm

Here is the list of documents which are required for registeration.

http://www.ukba.homeoffice.gov.uk/briti ... documents/

I have everything apart from Marriage and Partnership Certificate. Is Nikaah form " Islamic marriage certificate" accepted?

mishragreat · Post by **mishragreat** » Tue Apr 21, 2009 12:02 am

My Child is just 1 year old. Does she still requires referees?

hamid84 · Post by **hamid84** » Tue Apr 21, 2009 10:50 am

Yes you do.

f2k · Post by **f2k** » Tue Apr 21, 2009 4:46 pm

hamid84 wrote:Yes you do.

Hamid84, did you make the application for your son and have you heard the result if so how long did it take, etc. Any feedback is useful especially to those in a similar situation as yourself

hamid84 · Post by **hamid84** » Tue Apr 21, 2009 5:12 pm

No I could not due to some problems.

Most likely you will apply before me so please keep us up2date with progress.

Post by **JAJ** » Wed Apr 22, 2009 2:58 am

mishragreat wrote:My Child is just 1 year old. Does she still requires referees?

Might ease processing, but if not available then apply anyway - they cannot refuse a section 1(3) application on this basis.

mishragreat · Post by **mishragreat** » Mon Jul 06, 2009 11:37 am

Just 1 small doubt. Everywhere on the form and guide their are instances which say non refundable Fee must be paid. What I can not find is how much fee and a section where to put payment details like Credit card
Any guidance how to pay the fee and what amount to be paid will be helpfull. I think i checked MN1 form and MN1 guide.Did i missed any thing anywhere?

mishragreat · Post by **mishragreat** » Wed Aug 12, 2009 10:23 am

Hi Guys I requested for the info about fee. Guide MN1 on page 28 has written
"If you do not pay the correct fee the application will not be accepted"

But form MN1 has no section for fee. What to do? Is there no fee for the service? Please advise

Post by **vinny** » Wed Aug 12, 2009 11:03 am

Cost of applying

abidjan1 · Post by **abidjan1** » Wed Sep 02, 2009 4:08 pm

hi blessedlady
regarding your son citizenship.
can you tell me if you were already married to your partner when you apply for your son?
thanks

hamid84 · Post by **hamid84** » Thu Oct 01, 2009 2:17 pm

Hi,

I am back here to bring very old post back...Alot of confusion....

I have just spoken to a solicitor who told me that i can not register my child usig MN1 form due to my circumstances and i should wait for 5 years.

I didn't really get his point so can someone advise further because i need it get it all done ASAP.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Is my son eligible for British Passport?

Is my son eligible for British Passport?