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Child born in uk questions
Posted: Tue Oct 08, 2019 9:15 pm
by shriakhilesh
My friend is due to get ILR through tier 2 route in 6 months time and has his baby born last month. He wants to wait applying for child’s passport as he wants to get his ILR first.
Can he apply for child’s British passport based on his ILR then?
If he can apply for child’s British passport after 6 months when he gets his ILR, can he also apply for child’s OCI or would the child need Indian visa to travel to INDIA?
Re: Child born in uk, Father ILR afterwards
Posted: Tue Oct 08, 2019 11:06 pm
by alterhase58
shriakhilesh wrote: ↑Tue Oct 08, 2019 9:15 pm
My friend is due to get ILR through tier 2 route in 6 months time and has his baby born last month. He wants to wait applying for child’s passport as he wants to get his ILR first.
As the child was born before he receives ILR the child is not British and therefore cannot apply for a British passport. The child needs to be registered (MN1) as British.
Can he apply for child’s British passport based on his ILR then?
No.
If he can apply for child’s British passport after 6 months when he gets his ILR, can he also apply for child’s OCI or would the child need Indian visa to travel to INDIA?
Re: Child born in uk questions
Posted: Thu Nov 21, 2019 9:19 pm
by Prashantshr
alterhase58,
Could you please share any link or document which will .
few years ago, One of my friend did have a same condition and they did applied directly for the British for her daughter's Passport after getting ILR.
I am still looking to find a document to have a clear understanding.
Re: Child born in uk questions
Posted: Thu Nov 21, 2019 10:32 pm
by secret.simon
Prashantshr wrote: ↑Thu Nov 21, 2019 9:19 pm
Could you please share any link or document which will .
Section 1 of the British Nationality Act 1981 wrote:Acquisition by birth or adoption.
(1)A person born in the United Kingdom after commencement, 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 or that territory.
(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.
Prashantshr wrote: ↑Thu Nov 21, 2019 9:19 pm
few years ago, One of my friend did have a same condition and they did applied directly for the British for her daughter's Passport after getting ILR.
I would advise your friend to be very cautious about the issue.
If the parent acquired ILR after the birth of the child, the child is
not a British citizen automatically, but must be registered before the child's 18th birthday.
British citizenship can be acquired automatically only at the time of birth (or adoption). Acquisition of British citizenship at any time after birth or adoption can only happen via either registration or naturalisation.
A British passport is not definitive proof of the child's British citizenship and we have seen cases on these forums where the parents have been asked for proof of the child having acquired British citizenship at the time of renewal of the child's passport. A passport issued in error does not confer British citizenship on the child.
Re: Child born in uk questions
Posted: Fri Nov 22, 2019 12:10 pm
by Prashantshr
Thanks for the reply.
I did inquire with my friend. 2 years After getting his ILR, He used form MN1 for the registration of his child as a British citizen who was born 6 months before his ILR. Once he registered, he applied for the British passport.
Form MN1 Guidance
Form MN1