query about new born whose parents having ILR

[rivercam]

specy,

I Was exactly in your situation, and applied through ncs a week ago. The only question raised by ncs lady is about referees. In my case both referees are Indian.
The ncs lady called UKBA and confirmed that application is acceptable and told me it depends on caseworker and he/she might contact me in case if they need British referee or any further information.

But MN1 GUIDE clearly states if British referee is not available and child residing abroad someone in home country with similar standing is acceptable.

I have several british referees who know my child while he is in UK, but only for 1.5 years but not 2 years the form asked for.

Anyways, I Will update you if I hear anything.

[dj.akin1]

Hi Vinny,

I was on Tier 1 General visa and have been granted ILR this month Sept. 2015 under the 10 years long residence. My spouse is still on Tier 1 General Dependant Visa (expires feb 2017), but she can apply for ILR December 2016 under the 10 year long residence.

We have three children born in the UK and I have read your articles about registering a child for British citizenship if the child was born before a parent has been granted ILR. I just want to clear some ambiguities I have.

From the guidance of the MN1 form, it states:
Children born in the UK – Section 1 (3) and 1 (3A) application
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.

Now it state "Parents", not "Parent", so the question here is that MUST BOTH parents OR JUST ONE of the parents be on ILR for the child to be able to register a British citizen?

Reason for this question is because in the MN1 application form, it is asking for dates when the Father [section 1.27 ] and Mother [section 1.36] got their ILR

Secondly, When I applied for my initial Tier 1 General Visa, I included my eldest child in the application. I then excluded her (and other two children) from the extension application after finding out that children born in the UK DON'T need visa because they are NOT HERE UNLAWFULLY, UNLESS, they leave the UK and want to come back in because they don't have the right of abode according to the Nov 09 IDI Chapter 8 Section 4A https://www.gov.uk/government/uploads/s ... tion4a.pdf

Question is, now that I have ILR, can the three of them register for British citizenship without any problem?

My reason for asking this question is that in Section 1 of the MN1 form, it is asking for the "date the child has indefinite leave to enter/remain in the UK".


Thank you for your anticipated response.


Regards
Akin

[vinny]

Section 1(3) is clear that one parent with ILR sufficient.

Moreover, UK born child does not require ILR. But should not be an overstayer, if aged 10 or over.

[dj.akin1]

Hi Vinny,

Thanks for your reply. I think I am good because my girl is 8 years old. I knew that just one parent needs ILR for the child to apply for citizenship, but the form was confusing.

Thanks for clearing this up