travel docs for UK born child before getting her passport

[bm]

Hi,

My wife and I have obtained our ILR

Our daughter was born in the UK since then and we are now awaiting for the application for citizenship (Applied in Feb 04 and expecting the passport 6-9 months later).

However, we would like to travel abroad in the next few months and would like to know whether there are any travel docs alternatives in the UK for our child.

Many thanks

Binesh

[Kayalami]

Congratulations on the birth of your daughter and of course obtaining ILR. If your daughter was born before your ILR was granted then she can be registered as a British Citizen. If she was born after you already had ILR then she is automatically a British Citizen and you should fill out the relevant forms for her British Passport. Your statement seems to indicate she was born after your ILR but she appears to be going through the registration route which does not add up? Can you clarify which is which i.e. which came first ILR or daughter? Only reason I can think of registration even where birth is post ILR is if you were not married to the mother when the baby was born but again this does not appear to be the case.

If your daughter was born before your ILR then she is still to acquire the status of British Citizenship pending registration. Apply for a passport for her from your home country's consulate. Then fill out Form SET(F) on the IND website and take this to your nearest Public Enquiry Office e.g. Croydon with a GBP 250 payment and relevant documents - parents passport, marriage certificate, photos and child's full birth certificate. The passport will get endorsed with ILR.

The consulate may deem your daughter to be a British Citizen and if does not recognise dual nationality there is not much you can do as they would require her BC to be renounced before they can issue her a national passport - however no country I know of accepts renunciations on anyone's behalf or those under the age of 18. On the other hand they may issue a passport and require her to choose either citizenship when she is 18. Likewise when you go to the Public Enquiry Office a caseworker may broach the subject of British Citizenship. If it turns your daughter was born post ILR and is likely to be a BC they will not give her ILR - it is of no relevance to her.

Good Luck

[bm]

Thanks for the reply kayalami

. My daughter was born after I got my ILR
. My company immigration dept have already kicked off the
citizenship application for her as opposed to getting her
a home country passport and ILR endorsement.
. This will be taking 6-9 months

I guess since I have started down this path, I need to wait till the passport comes through to travel abroad with my daughter

[Kayalami]

My daughter was born after I got my ILR

Then she is automatically a British Citizen as long as you were married to the mother at the time of her birth which it appears you were - were you not?

My company immigration dept have already kicked off the
citizenship application for her as opposed to getting her a home country passport and ILR endorsement

Doesn't make sense to me - something just doesn't add up here. Her status as a British Citizen is guaranteed - are you asking for a confirmation letter from the Nationality Department in Liverpool? Get her a British passport - its a definitive proof of her citizenship and will be issued within 3 weeks.

This will be taking 6-9 months

[nadeem_varsi]

Dear Kayalami,

What about this situation?

I am in UK form last 6 year on 2 years Work Permit. My son was born here 2 months ago in Jan 2004, Can I apply or register her for British Citizens.

[Kayalami]

He will be eligible for registration as a British Citizen AFTER:

1. You have been granted ILR or

2. He has lived in the UK for a period of 10 years continously since his birth with not more than 90 days absent in that time period.

whichever is the sooner (which appears to be 1).

There are other provisions enabling the Home Secretary to register a UK born child who is not automatically British at birth or any child under 18 for that matter as a British Citizen including that to prevent a child being stateless but in all honesty they do not apply to you as things stand.

[kishorebhosale]

Is the UK born child egilible to file Citizenship after he/she turns 18?
considering both the above condition you mentioned does not satify.

[Kayalami]

I am sorry I do not quite understand your Q? The 'must have lived in the UK for first 10 years' is fixed. However if the child left the UK say at age 11 yrs and never applied for BC before that depsite meeting the 10 yr rule he/she will be still eligible for registration later on - there is no time limit. However its always best and advisable to resolve citizenship matters for children before they reach 18.

[bm]

Sorry Kayalami,

I meant my daughter was born 3 months before I got my ILR.

Can you confirm that I can't get any UK travel docs whilst my company is chasing for her to get the UK passport/citizenship

Thanks

[Kayalami]

bm - you really need to decide when your daughter was born. You will see my suggestions regarding travel documents in my initial post depending on whether she was born before or after you had obtained ILR making her automatically a British Citizen or one eligible for registration for such - which only you know or don't as the case may be.

[balaplus]

How about this situation? My daughter was born last month (feb'04) and i am eligible for ILR in august'04. Notwithstanding that fact that she can be registerd as a BC later on, can she get ILR along with me and my wife in august without getting 'dependant workpermit' stamping in the meantime (i.e. mar'04 to aug'04)

[Kayalami]

Yes she can be included in your ILR application - there is no need to apply for a WP dependent visa at present unless you intend to travel before grant of ILR.

[balaplus]

One more question...If I were to travel without getting dependant WP stamp before grant of ILR, would my daughter get LTR stamp 'on arrival' at any UK port (based on documents such as birth certificate) ?

[Kayalami]

No unless she is a non visa national and is seeking admission as a visitor for six months on her individual passport - I presume non of these conditions would apply to her. Either:

1. Get her a WP dependent LTR stamp - then you can travel before grant of ILR. Its only 155 GBP (post) or 250 GBP (in person) - don't you want to spend that much .

2. Postpone travel and wait for her ILR stamp.