ILR for UK born son

Hi,
I am completing my 5 years in country on Tier-1 and about to apply for ILR for my family (Wife , Daughter & Son). One of my friend suggested that I need not go for my Son's ILR as he was born in UK and if I get ILR then I can directly apply for his British Passport. Is this True ?

My understanding is that if I go for ILR with wife and daughter only and I get the ILR, then my Passport will be stamped with ILR, which will make my son's Tier-1 dependant visa invalid. Then how will he stay in the country while I am applying for his british passport ?

You mention a daughter. Was your daughter born outside the UK? If yes then a form MN1 cannot be submitted for her, not until you apply for your Naturalisation.

I mention that because if the forms MN1 for both children are submitted at the same time there is a discount of their application fees. Accordingly if you want that saving, why not delay your son's MN1 application until your daughter can also apply? But if you do that your would no doubt want to include your son in the ILR applications.

MY Daughter was born in USA and she is holding American Passport, while me and my wife are holding Indian Passports.

Cheekoo wrote:I am completing my 5 years in country on Tier-1 and about to apply for ILR for my family (Wife , Daughter & Son). One of my friend suggested that I need not go for my Son's ILR as he was born in UK and if I get ILR then I can directly apply for his British Passport. Is this True ?

No. Only a British citizen may apply for British passport.

See ILR or MN1 for my 3 year old son.

Let me clarify it a bit more , so that you can give me a suggestion.

• - Me (Indian Passport), My wife (Indian Passport) and our Daughter (American Passport, born in Jan 2005) entered in UK in May 2006. I was on Work Permit and wife and daughter were on WP dependant.

• - Feb 2008 I got HSMP, so wife and daughter got HSMP dependant visa stamped.

• - Nov 2008 - My son was born in uk, I applied for his Indian passport here in UK and got it in Dec 2008. I got his HSMP dependant visa stamped in Jan 2009.

Now In May 2011, I am completing 5 years and applying for ILR for myself and family. Query is -

1. Can I leave my Son , out of the application for ILR (and include only wife and daughter), as I have plans that as soon as my ILR is done I can apply for Son's British Passport. If this works out to be a cheaper option, if it doesn't then I can get his ILR also stamped now and get him British Citizenship when me and wife apply for one , after an year.

2. Once I get my ILR, I will apply for my British Passport (after an year from ILR) and surrender Indian passports. But what happend to my daughter's American passport, will she need to surrender it or she can apply for dual citizenship ?

3. When me and my wife apply for British Citizenship, can we add our daughter in the same process , or it's different if answer to Q.2 is yes (means she can go for dual citizenship) ?

Did you read my post yesterday and the suggestion it contained? Your thoughts?

US Citizens are allowed to be dual nationals.

hiya cheekoo- yes your daughter will have dual citizenship, my son was born in america and is holding both US and UK passports