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Nationality for child? Father ILR Holder

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hamid84
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Location: West Midlands
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Nationality for child? Father ILR Holder

Post by hamid84 » Sat Mar 27, 2010 9:51 pm

Hi all,

This question was raised about a year ago but i would like to ask again.

I received ILR in october 2008 under the outside of immigration law ( not granted refugee status ) after Asylum application.

My son was born in May 2008 BEFORE i received ILR.

I never disclosed my child to baby because i never got married to my partner legally ( in court ).

I have spoken to an immigration advisor yesterday from IAS and he has advised me that i would have to apply for SET (F) for child.

Previous researches revealed that i would have to register child as british using MN1 form.

Which statement is true? Can someone guide me please?

Thanks
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

vinny
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Post by vinny » Sun Mar 28, 2010 8:54 am

Immediately after a parent is granted settlement/PR, their child (born in the UK) is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hamid84
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Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 1:53 pm

Thanks for detailed answer Vinny.

So in short, my child needs to be registered using MN1 form?

In all your link SET(f) was not mentioned. Please just confirm this so that i can finally apply for it.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

Obie
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Ireland

Post by Obie » Sun Mar 28, 2010 2:11 pm

Hamid , Set F option is open to you, should you wish for your Son to have Pakistani nationality, or you wish to make an Urgent travel, whiles the application for registration is pending.

As you son was born in the UK, you are open to both options.
Smooth seas do not make skilful sailors

hamid84
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Posts: 351
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 2:13 pm

Hay obie long time.. How are you>?

Shall i go ahead with MN1. Get certificate and then British passport?

SET(f) is expansive option. What do you suggest?
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

John
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Location: Birmingham, England
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Post by John » Sun Mar 28, 2010 2:22 pm

hamid84, there is no need to complete the SET(F). Go straight to the MN1.

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

hamid84
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Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 2:26 pm

Yes John! Yes i am named on Birth certificate as father but unluckily birth certificate is with HO for COA which my partner submitted in Nov 09.

As soon as i get my passport back along birth certifictate, i will go ahead with MN1.

Thanks for all responses in quick time. :D

ps: Im going to open another thread in regards to my partner's visa status.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

Obie
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Ireland

Post by Obie » Sun Mar 28, 2010 2:37 pm

Hi Hamid,

It has been a while. I agree with what John said, that Registration is the best option and i am sure Pakistan accomodate dual nationality as opposed to India, should you want to have both for your child.

However it is important to note that the Registration might take a while, and as a result, any essential travel might be have to be put on hold.

Your partner would also need to write a consent for the child to be Registered as British.

If you don't have any immidiate plan to take the child overseas, it is economically viable and conferring better advantage for you to register the child as British.
Smooth seas do not make skilful sailors

Rozen
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Location: Nederland

Post by Rozen » Sun Mar 28, 2010 2:37 pm

hamid84 wrote:Yes John! Yes i am named on Birth certificate as father but unluckily birth certificate is with HO for COA which my partner submitted in Nov 09.

As soon as i get my passport back along birth certifictate, i will go ahead with MN1.
If your child was born in the UK, you can get a copy of his birth certificate from the GRO, for a small fee.

hamid84
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Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 2:43 pm

Good idea Rozen but would i need to send my passport along supporting documents? Or can i just give my HO reference in application?
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

Rozen
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Post by Rozen » Sun Mar 28, 2010 2:48 pm

hamid84 wrote:Good idea Rozen but would i need to send my passport along supporting documents? Or can i just give my HO reference in application?
For a copy of the birth certificate? No! Here's the link!
http://www.gro.gov.uk/gro/content/

hamid84
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Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 2:51 pm

Just looked for documents, i would require.

Evidence from children living in the United Kingdom
You should provide:

â– the child's full birth certificate; and
â– the child's passport used on entry to the United Kingdom and any other subsequent passports; and
â– the parents' marriage or civil partnership certificate.

We do not have marriage or civil partnership certificate.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

John
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Location: Birmingham, England
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Post by John » Sun Mar 28, 2010 2:56 pm

Given that your child was born after 01.07.06, when the law changed, it is irrelevant whether or not you are married to the child's mother.
John

hamid84
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Location: West Midlands
United Kingdom

Post by hamid84 » Sun Mar 28, 2010 2:59 pm

Got it...

Jus can't wait to get my passport back. What's the duration on MN1 apps?
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Mar 28, 2010 3:18 pm

What's the duration on MN1 apps?
About 2 or 3 weeks! As quickly as that, given the application in question for your born-in-the-UK child is an entitlement rather than at the discretion of UKBA.
John

hamid84
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Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands
United Kingdom

Post by hamid84 » Fri Aug 06, 2010 11:08 pm

Im back here after so long.. Just been busy and so busy.

Finally wife appeared in court last week on thursday. Hearing went great so we are not waiting for decision from Judge.

Once approved, we will get married and then get the child registered as suggested using MN1.

I will keep you guys up to date with the results.
Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

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