Immigrationboards.com

Posted: **Fri Sep 13, 2013 8:53 am**

DEAR FOLKS

I am in a state of shock right now as me and my wife was granted ILR on 22nd August 2013 and straightaway I applied for my 8 month old child born in UK on 22 Dec 2012 as I ASSUMED he is now eligible for british passport ( this is reason why I didnt applied for his ILR as a dependent as I knew as soon as me and my wife gets ILR he will be eligible for british passport straight away) BUT Today I have received this mail from HM PASSPORT office saying

according to SECTION 1 of BRITISH nationality ACT 1981 says that a person born in the UK will be a British citizen when they were born when either parent was a british citizen or was settled in the UNITED KINGDOM (that is there are no conditions attached to their stay in the UK)

after that they have asked me send the passport of my wife. which obviously when I will send they will refuse the application as she just got ILR with me a month ago.

NOW when I went to section 1 of this 1981 nationality act it says

1 Acquisition by birth or adoption.

(1)A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is—

(a)a British citizen; or

(b)settled in the United Kingdom [F2or that territory].

[F3(1A)A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces.]

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (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.

as you can see I have also pasted the section 3 of the act as I assume that on this condition my son can get british nationality but I seek your advice guys please help me here

The complete legislation is as per below

http://www.legislation.gov.uk/ukpga/198 ... y-c2036860

Posted: **Fri Sep 13, 2013 8:57 am**

At the time of your child's birth, you didn't have ILR hence you have to register your child as British citizen under section 1(3).
Once child is registered, you can apply for passport again.

Posted: **Fri Sep 13, 2013 9:04 am**

First you need to register the child and then once that is approved you can get the british passport. You cannot apply for the passport since the child is not a british citizen yet. (or atleast registered as one.)

Posted: **Fri Sep 13, 2013 9:08 am**

As said, an application needs to made for your child to become British.

See Citizenship FAQs - Common Questions - Read before posting - children.

Posted: **Fri Sep 13, 2013 9:10 am**

I agree, the child is entitled to be registered as British by virtue of Section 1(3) BNA on form MN1 (click) - the Nationality Checking Service (click) can be used. Once the child has received their certificate of registration as British they can then apply for a British Passport.

Posted: **Fri Sep 13, 2013 9:56 am**

Thanks a lot guys for your support and quick answers but I am just a bit confused here ... my son when born in UK was issued a birth certificate from the local council...

Is this some different kind of registration ?/?Since I have my passport and visa original with the HM in this application , this will be painful

Posted: **Fri Sep 13, 2013 10:06 am**

hj_vortex wrote:Thanks a lot guys for your support and quick answers but I am just a bit confused here ... my son when born in UK was issued a birth certificate from the local council...

Is this some different kind of registration ?/?Since I have my passport and visa original with the HM in this application , this will be painful

Yes. Birth certificate is not a proof of citizenship. You need to apply for citizenship(registration) for you child and once he is registered as BC then only you can apply for his passport.

Posted: **Fri Sep 13, 2013 10:25 am**

awesome now i understand clearly . thanks a lot guys

Posted: **Tue Sep 17, 2013 2:48 pm**

hj_vortex wrote:Hi Folks

ME and my wife both got ILR on 22 Aug 2013 and my son who was born in Dec 2012 in UK is now eligible for naturalization certificate . I am going through the Council nationality checking service and have an apointment on 11 Oct 2013. I just want to find out given that my son is just 8 months old and has british birth certificate. How long will it take for his British national certificate to come through ? what is the time line ?

obvsly after that his passport will need to go through and that takes around one month time

Thanks in advance

wpilr_nov12 wrote:http://www.immigrationboards.com/viewtopic.php?t=81180

hj_vortex wrote:Thanks a lot mate , really helpful ,, it seems it only takes a month from the day of NCS to receiving the certificate awesome.

Posted: **Tue Sep 17, 2013 2:51 pm**

And child passport is another week or so...

Posted: **Tue Oct 08, 2013 12:23 pm**

hj_vortex wrote:Hi Folks

me and my wife have been granted ILR on 26/08/2013 and my son was born on Dec 2012 so now I Am applying for mn1 for him under Section 1(3)

so in the mn1 form the question which I need help is

1- 1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK... DATE ?

I did not get ILR for my son as I didnt wanted to waste money. so what shoud i say there ?

ALSO in the MN1 form do i need to fill Section 3 ? as it says Please say which parent is the one who is british citizen by descent and on whom this application is based --> so i guess none and i should leave it empty ? so I should leave the whole SECTION 3 empty ?

FOr referees do they BOTH need to be British Citizen ?

it says one of the referee must be a professional , can I use my estate agent as the professional or does it have to be a doctor minister etc ?

can the other referee be just any biritish citizen ?

Thanks

Posted: **Tue Oct 08, 2013 12:30 pm**

For the first question, see also MN1 without ILR for child born in UK.

Posted: **Tue Oct 08, 2013 12:40 pm**

thanks vinny that answers my first question very well

Posted: **Wed Oct 09, 2013 12:24 pm**

can anyone answer my other questions ?

Posted: **Wed Oct 09, 2013 9:17 pm**

hj_vortex wrote:can anyone answer my other questions ?

which questions.?

Posted: **Thu Oct 10, 2013 12:27 pm**

ALSO in the MN1 form do i need to fill Section 3 ? as it says Please say which parent is the one who is british citizen by descent and on whom this application is based --> so i guess none and i should leave it empty ? so I should leave the whole SECTION 3 empty ?

FOr referees do they BOTH need to be British Citizen ?

it says one of the referee must be a professional , can I use my estate agent as the professional or does it have to be a doctor minister etc ?

can the other referee be just any biritish citizen ?

Posted: **Thu Oct 10, 2013 8:53 pm**

here is my experience http://www.immigrationboards.com/viewtopic.php?t=121276

Posted: **Fri Oct 11, 2013 6:37 am**

wpilr_nov12 wrote:here is my experience http://www.immigrationboards.com/viewtopic.php?t=121276

thanks mate ..

Quick question guys . my appointment is within an hour now

DOES MY CHILD needs to be there for the nationality and checking service apointment ? he is 9 months old

Posted: **Fri Oct 11, 2013 6:54 am**

Check the NCS's website. For example,

Barnet wrote:The nationality checking service is available by appointment only. Children under 18 years of age do not need to be present. If you make a joint adult application both applicants must attend the appointment.

Posted: **Thu Jul 10, 2014 11:51 pm**

hj_vortex wrote:or was settled in the UNITED KINGDOM (that is there are no conditions attached to their stay in the UK)

No time restriction to their stay i.e.) no limited leave to remain.

Page 14: https://www.gov.uk/government/uploads/s ... apter3.pdf

There's a chance either the OP or his wife had a passport prior to the child's birth that fulfilled one of the criteria in the list.

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