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query about new born whose parents having ILR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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snow
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query about new born whose parents having ILR

Post by snow » Sat Nov 14, 2009 10:38 pm

Dear Big Boss

Hello
my query is we both are having ILR and we have a new born baby. so how to apply for british passport. do we have to fill the MN or ...

Will you please guide me what to do by simple steps so that i can follow that.

I will really appriciate that. Waiting for your apply.

Thanks

vinny
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Post by vinny » Sun Nov 15, 2009 3:46 am

Assuming that the child was born in the UK:

If child was born after a parent has settlement/British citizenship, then their child is automatically British (1(1)) otherwise than by descent
Else, immediately after a parent is granted settlement/British citizenship, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Where settlement = ILR or ILE or PR.

Commonwealth citizens with RoA = British (2(2)).

A British citizen child may apply for either a British passport or a CoE-RoA. Cannot hold both at the same time.
Last edited by vinny on Tue Oct 08, 2013 2:05 am, edited 9 times in total.
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AzimScot
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Post by AzimScot » Fri Dec 04, 2009 11:05 am

what about before ILR?

vinny
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Post by vinny » Fri Dec 04, 2009 11:09 am

AzimScot wrote:what about before ILR?
vinny wrote:Else, ...
See also need for a dependent visa?
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.

JAJ
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Post by JAJ » Fri Dec 04, 2009 12:03 pm

AzimScot wrote:what about before ILR?
The answer is in Vinny's first post, try to read it again.

benz52
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re:

Post by benz52 » Sun Dec 06, 2009 8:25 pm

The answer is simple...

when any parent gets ILR, his/her status changes to settled in the UK... hence any child born in the UK, before or after the parent's ILR will automatically become British regardless of whether the parent is eligible for citizenship or not or whether that parent has British citizenship or not.

You need to register your child as a British citizen using the relevant MN1 form from the HO website first...... http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

then apply for a passport....

Hope this is crystal clear....

vinny
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Re: re:

Post by vinny » Sun Dec 06, 2009 9:00 pm

benz52 wrote:The answer is simple...

when any parent gets ILR, his/her status changes to settled in the UK... hence any child born in the UK, before or after the parent's ILR will automatically become British regardless of whether the parent is eligible for citizenship or not or whether that parent has British citizenship or not.

You need to register your child as a British citizen using the relevant MN1 form from the HO website first...... http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

then apply for a passport....

Hope this is crystal clear....
There is a difference when the child is born in the UK before or after the parent's ILR.
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.

eager2learn
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Re: re:

Post by eager2learn » Mon Aug 01, 2011 11:01 pm

vinny wrote:
benz52 wrote:The answer is simple...

when any parent gets ILR, his/her status changes to settled in the UK... hence any child born in the UK, before or after the parent's ILR will automatically become British regardless of whether the parent is eligible for citizenship or not or whether that parent has British citizenship or not.

You need to register your child as a British citizen using the relevant MN1 form from the HO website first...... http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

then apply for a passport....

Hope this is crystal clear....
There is a difference when the child is born in the UK before or after the parent's ILR.
I am looking to apply for my UK born daughters citizenship, as I am currently having ILR and also my wife.

Does anyone what are the documents required, I know I have to send the original birth certificate, but what else? Can we send copy of our passport pages with ILR stamps or we have to send our original passports? what other documents are required. Also how should we send the payment?

vinny
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Post by vinny » Tue Aug 02, 2011 12:15 am

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.
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pkalluri
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Post by pkalluri » Tue Aug 02, 2011 2:01 pm

If your child is born after you & partner obtained ILR ,you can apply british citizenship by picking up a UK passport application form from a postoffice.

If your child is born before you & partner obtained ILR ,you need to use form MN1 and apply for registration for your child.

Jambo
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Post by Jambo » Tue Aug 02, 2011 3:11 pm

pkalluri wrote:If your child is born after you & partner obtained ILR ,you can apply british citizenship by picking up a UK passport application form from a postoffice.

If your child is born before you & partner obtained ILR ,you need to use form MN1 and apply for registration for your child.
A small (but important) correction:

If your child is born after you or partner obtained ILR ,you can apply british citizenship by picking up a UK passport application form from a postoffice.

If your child is born before you or partner obtained ILR ,you need to use form MN1 and apply for registration for your child.

ram78
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Post by ram78 » Mon Oct 03, 2011 12:09 am

Dear all,

I need the expert advice for MN1 Section 1 (3) as only one parents is settled (ILR) here and I am in confusion about this word "and" "or"

A small (but important) correction:

If your child is born after you or partner obtained ILR ,you can apply british citizenship by picking up a UK passport application form from a postoffice.

If your child is born before you or partner obtained ILR ,you need to use form MN1 and apply for registration for your child.

Could you please direct me to the right place where it is mentioned that either parents has obtained ILR, Because in my case only I have ILR and my wife I am applying the FLR(M)

geriatrix
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Post by geriatrix » Mon Oct 03, 2011 12:23 am

ram78 wrote:Could you please direct me to the right place where it is mentioned that either parents has obtained ILR,
Section 1(3).
Life isn't fair, but you can be!

Remnantgirl
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MN1 query

Post by Remnantgirl » Tue Aug 14, 2012 11:48 pm

Hi All,
Apologies if I'm asking what has already been answered but can't seem to find an answer best suited to my situ. Would appericiate any advice given.
Recently got my ILR based on set M application. Had a child whilst on 2yr spouse visa but hubby refuses to apply for Brit passport as he's convinced the child is not his. My son is 21 months old and i'm wondering whether I need to apply thru MN1 form or what. I am unsure as was reading there will be a citizenship ceremony. Too small to understand?? My lawyer is convinced that I should just apply for British passport thru post office form but scared it will be declined. Any suggestions?? :cry:

paulmat555
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Re: re:

Post by paulmat555 » Wed Jun 26, 2013 12:02 pm

Hi. Thanks for the advice. i need help on applying for British passport for my baby. My situation is as follows.
- myself and wife are on ILR and told Indian passport since Oct 2012
- baby was born 13th July 2013, got form from post office to apply for British passport
- but when tried to send it from post office they said its possible for only parents at least one should be naturalized, our case both had ILR
- they asked us to go to the passport and identity office near Victoria station
- i went there but they require appointment and so called them and explained the situation and was told somebody will call me regarding this and tell what forms i need
Anybody facing similar situation? Any help would be appreciated.
Thank you

vkv82
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Re: re:

Post by vkv82 » Wed Jun 26, 2013 2:04 pm

paulmat555 wrote:Hi. Thanks for the advice. i need help on applying for British passport for my baby. My situation is as follows.
- myself and wife are on ILR and told Indian passport since Oct 2012
- baby was born 13th July 2013, got form from post office to apply for British passport
- but when tried to send it from post office they said its possible for only parents at least one should be naturalized, our case both had ILR
- they asked us to go to the passport and identity office near Victoria station
- i went there but they require appointment and so called them and explained the situation and was told somebody will call me regarding this and tell what forms i need
Anybody facing similar situation? Any help would be appreciated.
Thank you
similar case here...we got ILR in OCT2012, daughter was born in Dec2012. Got her birth registered at local council and certificate recieved. Then we simply applied for her British passport which was then received within 6 days of application.

Process that we had followed was -
1. filled up the form online atthis link - https://www.gov.uk/get-a-child-passport ... t-passport
2. then we recieved the form in the post..signed and completed it...
3. then went to the post office.
4. Her British passport came through within a week

So, in a nutshell, you can get your baby's british passport if one of the parents holds ILR (at the time of baby's birth). No need to apply for ILR or anything else. Your baby can be registered as british by birth.

paulmat555
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Re: re:

Post by paulmat555 » Thu Jun 27, 2013 5:23 pm

Thanks VKV82, that was very helpful.
I got a call from Passport n identity office yesterday, few hours after my visit to them.
They advised me to include my ILR card and baby's birth certificate, postal order for £46.
Although post office would not check it, i have send it off yesterday by special delivery.
Hope everything goes well.

specy_99
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Post by specy_99 » Mon Jul 15, 2013 6:18 am

Hi All, I REALLY need some help!

I got ILR in April this year (2013) and my daughter was born in the UK Feb 2012. I understand I have to apply for her to be registered as a british citizen by using MN1. My question is:

1. Does a child need to be present in the UK for MN1 registeration?

2. Child is currently in India with mother.....if I use National checking service in the UK...then will they need to see my daughter??? or should I use postal service??

I called the British High Commission in India but they said they dont give advice on this.

PLEASE HELP!!!

Amber
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Post by Amber » Mon Jul 15, 2013 7:24 am

specy_99 wrote:Hi All, I REALLY need some help!

I got ILR in April this year (2013) and my daughter was born in the UK Feb 2012. I understand I have to apply for her to be registered as a british citizen by using MN1. My question is:

1. Does a child need to be present in the UK for MN1 registeration?

2. Child is currently in India with mother.....if I use National checking service in the UK...then will they need to see my daughter??? or should I use postal service??

I called the British High Commission in India but they said they dont give advice on this.

PLEASE HELP!!!
As your child is entitled to register as British by virtue of section 1(3), this can be done abroad.
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specy_99
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Post by specy_99 » Mon Jul 15, 2013 7:37 am

Many thanks for the reply. How do I apply from India? The british high commission said they don't deal with MN1 application here.


Should I apply myself when I come to the UK by using a NCS? while daughter is in India with mother?

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Post by Amber » Mon Jul 15, 2013 10:06 am

specy_99 wrote:Many thanks for the reply. How do I apply from India? The british high commission said they don't deal with MN1 application here.


Should I apply myself when I come to the UK by using a NCS? while daughter is in India with mother?
Yes you can use the NCS.
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specy_99
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Post by specy_99 » Wed Jul 17, 2013 5:56 am

Many thanks D4109125!

vinny
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Post by vinny » Wed Jul 31, 2013 2:35 pm

specy_99 wrote:Reading all this....I am quite perturbed!

My daughter was born in the UK and My wife was on a dependent visa then. My wife and daughter went to India last year before my wife visa expired (my daughter didnt need a visa as she was born here).

I received ILR in april this year. Considering both my wife and daughter are out of India..can I still go ahead and apply for my daughter to be registered as british?

I called the NCS and the lady told me that I have to become british for my daughters registration! I thought if one parent is settled then this should be sufficient?

I am also finding it hard to get a reference....as my daughter is in India!

Also, on the MN1 form do I skip the residential section bit???
Please help!
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.
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Post by vinny » Wed Jul 31, 2013 2:40 pm

The NSC lady was mistaken.
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specy_99
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Post by specy_99 » Wed Jul 31, 2013 4:04 pm

Thanks Vinny! So do I skip the residential section in the form??

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