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Child born in UK, Father on Tier 1 , Mother on Tier 2

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

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vkjainuk
Newbie
Posts: 48
Joined: Tue Feb 25, 2014 12:56 pm

Child born in UK, Father on Tier 1 , Mother on Tier 2

Post by vkjainuk » Tue Feb 25, 2014 1:04 pm

Hi,

I am on Tier 1 General VISA (due for renewal in April 2014)

My Wife is on Tier 2 ICT visa (due for renewal in Mar 2014) - NOT dependent on me.

My child is born in Dec 2013. I have applied for his Indian Passport.

Once I get my child passport, I will apply my child UK dependent VISA in Mar /April 2014 alongwith my / my wife VISA renewal (tier 1 / Tier 2 dependent)

My ILR will be due in Mar 2015 while my wife's ILR will be due in Sep 2015


My Query is :

1) Will my child get British Citizenship in April 2015 (once I get the ILR - ONE Parent gets the ILR) . I read somewhere that both parent should have ILR for applying for British citizenship for child ??

2) If my child applies for TIER 2 dependent VISA (instead on Tier 1 dependent) alongwith my wife renewal application,. will he be eligible for British citizenship in April 2015 , when I get the ILR . Irrespective of fact that my child has dependent VISA on my wife & NOT on me.

Actually my wife's company may bear cost of VISA application for child alongwith her VISA renewal) , but I am worried that if then my child will be eligible for British citizenship when I get the ILR (not when my wife get the IRL)

Please advise

Thanks
Vivek

Just Wondering
Member
Posts: 238
Joined: Thu Oct 03, 2013 7:20 pm
Location: United Kingdom

Re: Child born in UK, Father on Tier 1 , Mother on Tier 2

Post by Just Wondering » Tue Feb 25, 2014 1:29 pm

Was your child born in the UK?

If so, when one of his parents (you or your wife) obtains ILR, he'll be eligible for registration as a British citizen under section 1(3) British Nationality Act. He'll be eligible regardless of whose dependent he is (for visa purposes) at the time of registration.

vkjainuk
Newbie
Posts: 48
Joined: Tue Feb 25, 2014 12:56 pm

Re: Child born in UK, Father on Tier 1 , Mother on Tier 2

Post by vkjainuk » Tue Feb 25, 2014 1:34 pm

Hi, Yes the Child is born in UK & we have registered him in Councl & got Birth Certificate.

As per Guide for MN1 - Page 9
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf

Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the
UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens

While on UKBA home office link
http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

On website it says - "Parent" and in guidance it says "parents" , so cofused if only one parent needs to get ILR before child can be British citizen ??

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Re: Child born in UK, Father on Tier 1 , Mother on Tier 2

Post by Jambo » Tue Feb 25, 2014 6:01 pm

The guide is wrong. See the Act itself - Section 1(3)(a) http://www.legislation.gov.uk/ukpga/1981/61/section/1
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Citizenship (adults, children, passport)
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