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Baby born in UK (parents no ILR)

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

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markotsg
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Posts: 110
Joined: Mon Oct 09, 2006 11:17 am

Baby born in UK (parents no ILR)

Post by markotsg » Fri Nov 04, 2011 11:17 am

Hello Could you please assist me with bellow and share you views please?

Our baby is to be born in December this year. We will be applying for ILR in June next year.
Do we have to include baby as dependent in ILR appliaction?

Is it possible to apply for ILR (myself and spouse) and once ILR received , baby can apply for British passport?

I would appreciate your assistance
thanks

Marko

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Re: Baby born in UK (parents no ILR)

Post by Jambo » Fri Nov 04, 2011 11:22 am

markotsg wrote:Hello Could you please assist me with bellow and share you views please?

Our baby is to be born in December this year. We will be applying for ILR in June next year.
Do we have to include baby as dependent in ILR appliaction?
No.
Is it possible to apply for ILR (myself and spouse) and once ILR received , baby can apply for British passport?

Your child will not be British from birth. Baby would first need to apply for registration as a British Citizen. Once this is granted (take 2-3 months + £540), you can apply for a British passport for him.

markotsg
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Posts: 110
Joined: Mon Oct 09, 2006 11:17 am

Post by markotsg » Fri Nov 04, 2011 1:27 pm

thank you for your response, if baby gets registered MN1 that may take several weeks/months?

Once registered are we able to travel with the baby? we will have ILR and baby will be registerd and will have New Zealand passport


thanks

Marko

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Nov 04, 2011 1:48 pm

Registration used to take about 1 month. Nowadays it take 2-3 months. No idea how efficient the HO will be in June 2012. Once the child is registered as a British Citizen, it only take 1-2 weeks to get a British passport so better to wait for the passport.

I would not advise travelling without a visa for the baby. Either get him a valid visa on a NZ passport or wait for the British passport once registered.

harshil223
Member
Posts: 114
Joined: Sun Oct 28, 2007 11:42 am
United Kingdom

Re: Baby born in UK (parents no ILR)

Post by harshil223 » Mon Nov 07, 2011 1:25 pm

Jambo wrote:
markotsg wrote:Hello Could you please assist me with bellow and share you views please?

Our baby is to be born in December this year. We will be applying for ILR in June next year.
Do we have to include baby as dependent in ILR appliaction?
No.
Is it possible to apply for ILR (myself and spouse) and once ILR received , baby can apply for British passport?

Your child will not be British from birth. Baby would first need to apply for registration as a British Citizen. Once this is granted (take 2-3 months + £540), you can apply for a British passport for him.
on the contrarily, i was told that baby must obtain for leave to remain before he is registered as British citizen. my baby is born in October this year and my ILR is due in May next year. so i contacted home office immigration bureau to find out passport requirement, however by reading few posts here, i believed that i can register the baby as British using MN1 once i obtain ILR.

Jambo
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Re: Baby born in UK (parents no ILR)

Post by Jambo » Mon Nov 07, 2011 1:37 pm

harshil223 wrote:... i was told that baby must obtain for leave to remain before he is registered as British citizen.
Who told you? the HO?

See more need for a dependent visa?

harshil223
Member
Posts: 114
Joined: Sun Oct 28, 2007 11:42 am
United Kingdom

Re: Baby born in UK (parents no ILR)

Post by harshil223 » Mon Nov 07, 2011 1:39 pm

Jambo wrote:
harshil223 wrote:... i was told that baby must obtain for leave to remain before he is registered as British citizen.
Who told you? the HO?

See more need for a dependent visa?
yes, i called the immigration inquiry number 08706067766

Greenie
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United Kingdom

Re: Baby born in UK (parents no ILR)

Post by Greenie » Mon Nov 07, 2011 2:11 pm

harshil223 wrote:
Jambo wrote:
harshil223 wrote:... i was told that baby must obtain for leave to remain before he is registered as British citizen.
Who told you? the HO?

See more need for a dependent visa?
yes, i called the immigration inquiry number 08706067766
they are wrong.

harshil223
Member
Posts: 114
Joined: Sun Oct 28, 2007 11:42 am
United Kingdom

Re: Baby born in UK (parents no ILR)

Post by harshil223 » Mon Nov 07, 2011 2:29 pm

Greenie wrote:
harshil223 wrote:
Jambo wrote:
harshil223 wrote:... i was told that baby must obtain for leave to remain before he is registered as British citizen.
Who told you? the HO?

See more need for a dependent visa?
yes, i called the immigration inquiry number 08706067766
they are wrong.
i will call them again and confirm. after looking at other posts, it seems i was given wrong info by HO. actually i had another query for HO as well but as i was told that baby can't be registered w/o getting leave to remain i coundn't ask it to HO. can anyone please suggest if i can register the baby using MN1 if only i got the ILR but the spouse is having FLR. when i saw the MN1 form, it asks for date granted ILR for father as well as mother. in my case, i will have the ILR but the my wife will get it by end of 2013.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Nov 07, 2011 3:22 pm

Just point them to their own instruction -
[url=http://ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section4a/section4a?view=Binary]Immigration directorate instructions -> Chapter 8 -> Section 4a[/url] wrote: This section relates to children born in the United Kingdom on or after 1 January
1983 who are not British citizens because, at the time of their birth, neither of
their parents was a British citizen or settled here. Such children do not have the
right of abode and are subject to immigration control. They are not here
unlawfully, however, and are not required to apply for leave to remain
To register a UK-born child as a BC, only one parent needs to be settled. The forms asks for the details of both parents just to make it easy to fill in but the requirement can be met by one of the parents. If your wife doesn't have ILR, just leave that box empty.

harshil223
Member
Posts: 114
Joined: Sun Oct 28, 2007 11:42 am
United Kingdom

Post by harshil223 » Mon Nov 07, 2011 3:27 pm

Jambo wrote:Just point them to their own instruction -
[url=http://ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section4a/section4a?view=Binary]Immigration directorate instructions -> Chapter 8 -> Section 4a[/url] wrote: This section relates to children born in the United Kingdom on or after 1 January
1983 who are not British citizens because, at the time of their birth, neither of
their parents was a British citizen or settled here. Such children do not have the
right of abode and are subject to immigration control. They are not here
unlawfully, however, and are not required to apply for leave to remain
To register a UK-born child as a BC, only one parent needs to be settled. The forms asks for the details of both parents just to make it easy to fill in but the requirement can be met by one of the parents. If your wife doesn't have ILR, just leave that box empty.
Thanks a lot.

kamal.gulati
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Joined: Thu Feb 26, 2009 9:16 am
Location: UK
Contact:

Please let me know the outcome

Post by kamal.gulati » Fri Dec 16, 2011 3:45 pm

Hi there,

I am having same situation.

My baby born last week and I am having appointment for applying ILR in JAN.

Please confirm should I need to include him or wait for ILR then apply via MN1.

I am not in hurry of travelling. Also, we have Indian Passport. Is there any difference because of Origin?

Please help me out.
Thanks
Kamal

harshil223
Member
Posts: 114
Joined: Sun Oct 28, 2007 11:42 am
United Kingdom

Re: Please let me know the outcome

Post by harshil223 » Fri Dec 16, 2011 3:55 pm

kamal.gulati wrote: Also, we have Indian Passport. Is there any difference because of Origin?
do you mean Origin= nationality? if yes than it should not make any difference as per my knowledge (limited).

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