Child Born in India : Father British Citizen , Mother Tier 1

Hi,

I have a question to fill in form MN1.

My son was born in India this year.

I have now British Passport and recently naturalized after spending 5 years in UK i.e. after ILR.

My wife is on her own Tier 1 visa due to expire in December 2014.

My son is on Tier 1 dependent visa which obviously also expires in December 2014.

Can you pls. confirm under which section my son can apply for british citizenship if he can ?

Regards,
Chandan

chandan.maximus wrote:Hi,

I have a question to fill in form MN1.

My son was born in India this year.

I have now British Passport and recently naturalized after spending 5 years in UK i.e. after ILR.

My wife is on her own Tier 1 visa due to expire in December 2014.

My son is on Tier 1 dependent visa which obviously also expires in December 2014.

Can you pls. confirm under which section my son can apply for british citizenship if he can ?

Regards,
Chandan

Experts can tell better, but two scenario come to mind and my take is this:

Was child born before you became British Citizen? See Children Q1 in link below.

If child was born after you got ILR or became British, then the child is already British. See link below:

http://www.immigrationboards.com/britis ... 95747.html

Friends,

unfortunately my sons MN! application has been rejected stating that he is not 'settled' here!

They have adviced to apply again when my wife has been granted ILR.

IS there any way to reconsider this decision as i thought :-

DEscrition means :- if father is british and mother is about to get ILR (in say a months time) then they should be granting british citizenship to my 10 months old son

Or should i wait until my wife gets ILR as per their letter ?

It was refused because he was born abroad BEFORE you became British, so there is no entitlement to citizenship for him.

If he had been born in the UK d after you got ILR, he would have been automatically British and could have applied directly for a passport.

chandan.maximus wrote:Friends,

unfortunately my sons MN! application has been rejected stating that he is not 'settled' here!

They have adviced to apply again when my wife has been granted ILR.

IS there any way to reconsider this decision as i thought :-

DEscrition means :- if father is british and mother is about to get ILR (in say a months time) then they should be granting british citizenship to my 10 months old son

Or should i wait until my wife gets ILR as per their letter ?

From my own experience I would say, wait for your wife to get ILR.

When it comes to discretion, they are still accountable and have to justify how any why they used their discretion. In this day and age they prefer to play it safe and so should you. Plan ahead get your wifes ILR and collect all your supporting docs/evidences to show you are settled as a family and have made the UK your home for both your wife and your child. If your wife has been your dependent in the UK for 3 or more years she can apply for citizenship immediately after getting her ILR.