child born outside the uk

himem · Post by **himem** » Tue Jun 12, 2018 9:15 pm

The child was born before I became British citizen and before the mother got an ILR.

The child has a tier1 visa which expires soon.

Do I need to get an ILR for the child before filing mn1 ? (and registering him as BC)

secret.simon · Post by **secret.simon** » Tue Jun 12, 2018 10:42 pm

himem wrote: ↑
Tue Jun 12, 2018 9:15 pm
Do I need to get an ILR for the child before filing mn1 ?

It is expected that children born abroad have ILR before applying for registration under Form MN1.

himem · Post by **himem** » Wed Jun 13, 2018 8:07 am

Is it explicitly mentioned somewhere that a child has to have ILE/ILR before applying for citizenship?

or this is a grey area ? (where I can try and it might work)...

CR001 · Post by **CR001** » Wed Jun 13, 2018 9:07 am

According to your other topic, your child's visa has already expired?

immigration-for-family-members/ile-for- ... l#p1643003

How old is the child??

secret.simon · Post by **secret.simon** » Wed Jun 13, 2018 9:57 am

himem wrote: ↑
Wed Jun 13, 2018 8:07 am
Is it explicitly mentioned somewhere that a child has to have ILE/ILR before applying for citizenship?

or this is a grey area ? (where I can try and it might work)..

It is an expectation (the child should have ILR/ILE, but the caseworker can look at other compelling circumstances), not a requirement (in the absence of ILR/ILE, the application must fail).

Page 30 of Nationality Guidance - Registration as a British citizen wrote:As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so.

You can chance it of course. If you lose, you lose the fee and will then have to pay for ILR and registration.

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