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British Citizenship or ILR application for my Daughter

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AjaySingh
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British Citizenship or ILR application for my Daughter

Post by AjaySingh » Tue Apr 16, 2019 12:44 pm

Hello All,

I am having trouble to understand whether my daughter is eligible for British Citizenship or not and would appreciate any advice on this. I have looked on HMRC website and also spoke to them without any conclusive answer on this topic. My daughter was born in UK when I was on Tier 2 general Visa and is now on Tier 2 dependent visa with an Indian Passport. My visa status has now changed to ILR since Feb 2019, is my daughter eligible to apply for British Citizenship as she was born here and one of the parent has ILR or does she have to go through the normal process of applying ILR first and then BC?

Many thanks for all the advice related to this topic.

P.S: Apologies if this question has been asked in the forum before but unfortunately, i couldn't find any update on this topic.

Regards,
Ajay

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CR001
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Re: British Citizenship or ILR application for my Daughter

Post by CR001 » Tue Apr 16, 2019 1:04 pm

She can apply for British citizenship without ILR. She has an entitlement to register as British once either parent is granted ILR.

100s of recent topics about this and a FAQs topic.

british-citizenship/citizenship-faqs-co ... 95747.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AjaySingh
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Re: British Citizenship or ILR application for my Daughter

Post by AjaySingh » Tue Apr 16, 2019 1:15 pm

CR001 wrote:
Tue Apr 16, 2019 1:04 pm
She can apply for British citizenship without ILR. She has an entitlement to register as British once either parent is granted ILR.

100s of recent topics about this and a FAQs topic.

british-citizenship/citizenship-faqs-co ... 95747.html
Thanks a lot for your quick response.

Fbiboy2002
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Re: British Citizenship or ILR application for my Daughter

Post by Fbiboy2002 » Tue Apr 16, 2019 1:36 pm

CR001 wrote:
Tue Apr 16, 2019 1:04 pm
She can apply for British citizenship without ILR. She has an entitlement to register as British once either parent is granted ILR.

100s of recent topics about this and a FAQs topic.

british-citizenship/citizenship-faqs-co ... 95747.html
Are you sure about that?
What I know your child entitle to British citizenship only if your child born after you been granted ilr
But if your child born in UK and both parents no one of them have British nationality or ilr so they cant be British without applying ilr for them and pay the fee for naturalisation I might be wrong but that what I was understanding before

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CR001
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Re: British Citizenship or ILR application for my Daughter

Post by CR001 » Tue Apr 16, 2019 1:41 pm

Fbiboy2002 wrote:
Tue Apr 16, 2019 1:36 pm
CR001 wrote:
Tue Apr 16, 2019 1:04 pm
She can apply for British citizenship without ILR. She has an entitlement to register as British once either parent is granted ILR.

100s of recent topics about this and a FAQs topic.

british-citizenship/citizenship-faqs-co ... 95747.html
Are you sure about that?
What I know your child entitle to British citizenship only if your child born after you been granted ilr
But if your child born in UK and both parents no one of them have British nationality or ilr so they cant be British without applying ilr for them and pay the fee for naturalisation I might be wrong but that what I was understanding before
Yes, I am sure.

A UK born child has an entitlement to register as British under Section 1(3) of the British Nationality Act once EITHER parent is granted ILR, as my link above under 'children' clearly states. It is an application on form MN1.

Note I have NOT said the child can apply directly for a British passport, which would ONLY apply to a child born AFTER the parents have ILR or are British, as the child would be automatically British then.

A UK born child does NOT require ILR to be able to apply for citizenship.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: British Citizenship or ILR application for my Daughter

Post by secret.simon » Tue Apr 16, 2019 7:15 pm

Fbiboy2002 wrote:
Tue Apr 16, 2019 1:36 pm
What I know your child entitle to British citizenship only if your child born after you been granted ilr
A child born in the UK after at least one parent has been granted ILR is automatically a British citizen and can apply directly for a British passport.

A child born in the UK whose parent(s) acquire ILR has an entitlement (provided they apply before their 18th birthday) to be registered as a British citizen. They only become a British citizen after they are registered.

Children born abroad to non-British citizen parents (either before or after they have acquired ILR) follow the UK immigration path of the less-privileged parent and need to have ILR themselves before they can apply to be registered as British citizens. Their application is at discretion and not an entitlement.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Fbiboy2002
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Re: British Citizenship or ILR application for my Daughter

Post by Fbiboy2002 » Tue Apr 16, 2019 11:32 pm

Cheers CR001 and secret.simon for your post and letting us know

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