Registration of UK born child after ILR

Hi there
my son was born in uk and all of us me, my wife and my son were on Tier 2 visa which is valid until June 2019. on completion of 5 years I applied ILR for my wife and myself and Alhamdulillah ILR was granted to both of us. we have now received our permanent residency card. however, we are asked us to post back our biometric cards that were issued on the tier 2 visa.
Please note that following the advice since my son was born in the UK so I did not apply for his ILR and now I am in process of registering my son as British son and filling MN1 online form , my query is that should I sent back the biometric cards of my wife and myself that was issued to us on our last tier2 application or should I also sent back the biometric card of my son.
Can you also comment on what should be status of my son now,if i also postback his BRP that was issued on my Tier 2 VISA earlier, I understand that I should complete his registration ASAP but is there any time limit?
Your suggestion is highly appreciated.
regards
Nadeem.

There is no time limit to register him. He won't be an overstayer as he is entitled to register as British if UK born and either parent gets ILR.

You can hang onto his card if you wish.

Just to clarify on two specific points, CR001;

CR001 wrote: ↑

Fri Mar 01, 2019 11:34 am

There is no time limit to register him.

The child needs to be registered before s/he is 18. Not a timeframe in the immediate future, but clarifying to prevent other readers from misunderstanding the law.

CR001 wrote: ↑

Fri Mar 01, 2019 11:34 am

He won't be an overstayer as he is entitled to register as British if UK born and either parent gets ILR.

He won't be an overstayer if he was born in the UK and was never issued an LR/visa. If he was issued a Tier 2 dependent visa, my understanding is that the child could technically become an overstayer if he overstayed his visa, but that his overstay will not impact an entitlement to register, especially if he is under the age of 10.

Splitting hairs, I know, but being specific for the avoidance of doubt.

Really spitting airs, he can never be an overstayer anymore after the parents has been granted ILR, also even if he is not registered till 18 does not change his right/entitlement to be British citizen. It’s only s8mpler to register him straight now to avoid presentation of cumbersome documents.

Much better to be precise than ambiguous when discussing the law.

bizman wrote: ↑

Fri Mar 01, 2019 12:31 pm

also even if he is not registered till 18 does not change his right/entitlement to be British citizen.

Not entirely correct. The entitlement to register as a British citizen based on birth in the UK and one parent's ILR is only available if the applicant is a minor, therefore only before their 18th birthday.

Section 1 of the British Nationality Act 1981 wrote:(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration as a British citizen.

The only lifelong entitlements to register are Form T (birth in the UK and residing in the UK for the first ten years of their life), Form UKF (birth to an unmarried British father before 2007) & Form UKM (birth to a British mother abroad before 1983). All other entitlements or applications at discretion to register as British citizens must be exercised before the applicant's 18th birthday.

secret.simon wrote: ↑

Fri Mar 01, 2019 1:51 pm

Much better to be precise than ambiguous when discussing the law.

bizman wrote: ↑

Fri Mar 01, 2019 12:31 pm

also even if he is not registered till 18 does not change his right/entitlement to be British citizen.

Not entirely correct. The entitlement to register as a British citizen based on birth in the UK and one parent's ILR is only available if the applicant is a minor, therefore only before their 18th birthday.

Section 1 of the British Nationality Act 1981 wrote:(3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration as a British citizen.

The only lifelong entitlements to register are Form T (birth in the UK and residing in the UK for the first ten years of their life), Form UKF (birth to an unmarried British father before 2007) & Form UKM (birth to a British mother abroad before 1983). All other entitlements or applications at discretion to register as British citizens must be exercised before the applicant's 18th birthday.

There is no ambiguity in what I said, you are thinking for OP. He has not said the son is travelling or not. He just asked a simple question if he can register him now as a BC which was answered. Anyway thanks for your clarification.