Indefinite Leave to remain for child born in UK

[shobhitsri]

Hi all,

I’m currently on the Skilled Worker visa route, and my five‑year qualifying period will be completed soon. I am thinking of applying for ILR but I have a doubt about applying ILR for my son or applying for citizenship.

My child was born in the UK while I was here on a five‑year Tier 2 ICT visa. After his birth, he lived in the UK for around four years. When that visa expired, we returned to our home country and stayed there for a full year before coming back to the UK on the Skilled Worker route.

I’ve read somewhere that a child born in the UK can apply for British citizenship directly once the parents obtain ILR.

First, I’m not sure whether this information is accurate.

Second, if it is correct, would it still apply in my son’s case, given that he was born in the UK but later spent a year living outside the UK?

Will you please help me finding out this?

Thanks in advance.
Regards

[CR001]

Your son has an entitlement to register as British once either parent gets ILR. This remains the case as long as he is registered as British on form MN1 before he turns 18.

There is NO absence limit, he does not need ILR.

[shobhitsri]

Thank you very much for your reply.

You mentioned: “This remains the case as long as he is registered as British on form MN1 before he turns 18.”

I’m a bit confused about this. My son is not British at the moment — he only has a passport from my home country, although he does have a UK‑issued birth certificate.

So, just to confirm my understanding:

- I should apply for ILR for myself and my spouse now.
- After we receive ILR, we can then apply directly for our son’s British citizenship using Form MN1.
- He does not need ILR himself.

However, this raises another question:

During the period when our ILR application is being processed, my son will not have a valid visa if his current visa expires. Is it acceptable for him to stay in the UK without a valid visa during this time ?

[CR001]

You mentioned: “This remains the case as long as he is registered as British on form MN1 before he turns 18.”

I’m a bit confused about this. My son is not British at the moment — he only has a passport from my home country, although he does have a UK‑issued birth certificate.

I never said or alluded that he British. You have to register the child before 18 as British on form MN1!! Not sure what is not clear.

So, just to confirm my understanding:

- I should apply for ILR for myself and my spouse now.
- After we receive ILR, we can then apply directly for our son’s British citizenship using Form MN1.
- He does not need ILR himself.

Yes.

However, this raises another question:

During the period when our ILR application is being processed, my son will not have a valid visa if his current visa expires. Is it acceptable for him to stay in the UK without a valid visa during this time ?

Ues, not an issue, he will be an overstayer but it won't impact his entitlement to register as British. Make sure you have private medical insurance as once his visa expires, he is no longer entitled to free nhs use.

[shobhitsri]

I get it now. Thank you very much for the advise.