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British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 12:44 pm
by AjaySingh
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
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 1:04 pm
by CR001
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
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 1:15 pm
by AjaySingh
Thanks a lot for your quick response.
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 1:36 pm
by Fbiboy2002
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
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 1:41 pm
by CR001
Fbiboy2002 wrote: ↑Tue Apr 16, 2019 1:36 pm
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.
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 7:15 pm
by secret.simon
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.
Re: British Citizenship or ILR application for my Daughter
Posted: Tue Apr 16, 2019 11:32 pm
by Fbiboy2002
Cheers CR001 and secret.simon for your post and letting us know