Immigrationboards.com

Hi Moderators/Experts
I am currently on ILR and have spent 1 year on it and ready to apply for citizenship.
We are expecting a child now and have a few questions
1. Will I have to apply for my newborns British Passport directly or have to register MN1 ?
2. If i have to apply for MN1 - can I apply and get my citizenship first and then apply for my newborns citizenship/passport directly to avoid doing their MN1 ?
Thanks

1. As you are already settled with ILR you can apply for child's British passport (with proof of ILR) immediately after birth as child will be British automatically. If child is born after you become British the child is also British immediately.
2. MN1 not applicable as per 1.

Also, if your child is born while you are on ILR (before you become British i.e. attend your ceremony), you are advised NOT to return your ILR-BRP even after naturalisation. Your ILR-BRP will be child’s claim to British Citizenship by birth and it may create problems for the child in the future if you return your ILR-BRP.

Read through:
https://www.immigrationboards.com/briti ... 00820.html

Dear Alterhase/Cullinan

Thank you for such quick reply and its because of you guys that this forum is the only Go To place for respectable advice.

So to summarise, I can just simply apply for my childs British Passport as soon we are ready and no need for MN1 as I already have ILR.

Also, do you recommend/advise i apply for my citizenship first and then apply for childs Passport

or

should I just simply apply for my childs Passport with proof of my ILR and then apply for my Citizenship/Naturalisation once my childs passport is received ?

Thanks

alijafri wrote: ↑

Sun Aug 23, 2020 8:28 pm

Dear Alterhase/Cullinan

Thank you for such quick reply and its because of you guys that this forum is the only Go To place for respectable advice.

So to summarise, I can just simply apply for my childs British Passport as soon we are ready and no need for MN1 as I already have ILR.

Also, do you recommend/advise i apply for my citizenship first and then apply for childs Passport

or

should I just simply apply for my childs Passport with proof of my ILR and then apply for my Citizenship/Naturalisation once my childs passport is received ?

Thanks

It really does not matter when you apply for a British Passport for your child. British passport is ONLY a travel document NOT a proof of citizenship.

The proof of citizenship for your child will be your settled status i.e. ILR BRP if the child is born BEFORE you become British. Read my previous post for this again.

If the child is born AFTER you become British, i.e. after your ceremony, the proof of the child’s claim to British Citizenship will be your naturalisation certificate. In that case you can return your ILR BRP.

Really does not matter when you apply for British Passport for the child. Your child will be British by Birth. All you have to understand is as stated above i.e. proof of child’s claim to British Citizenship by birth and keep it safe. Child birth date and your status then will determine that.

So to summarise, I can just simply apply for my childs British Passport as soon we are ready and no need for MN1 as I already have ILR.

M 1 not required. The child can apply directly for a passport provided the child is born in the UK. This advice does not apply if the child is born abroad.

Also, do you recommend/advise i apply for my citizenship first and then apply for childs Passport

Irrelevant. If you hold ilr and a child is born in the UK after you obtained ilr, the child is automatically British.

should I just simply apply for my childs Passport with proof of my ILR and then apply for my Citizenship/Naturalisation once my childs passport is received ?

They are two completely different processes, neither reliant on the other.

Thanks.

Okay, so if I apply for my childs Brtish Passport now, and then apply for my naturalisation

1. Will I be needed to submit my original ILR BRP as part of application process ?

2. If not, then that means I will have my ILR BRP with me all this time. Once I receive my naturalisation and get done with ceremony and then passport, is that when you suggest I should return my ILR BRP ?

3. During this above process, will it anytime be unlwaful to keep holding my ILR BRP ?

4. Do I need to inform someone in regards to childs British passport status now that I would have received my own citizenship as well ?

5. Out of curiosity, why is it important to retain ILR BRP ? What problems will it create in future and what can be done to sort this ?

Thanks

1,2
No all documents are scanned and uploaded. You are only supposed to return ILR-BRP after ceremony within 5 days.


For 3,4,5 read below:
https://www.immigrationboards.com/briti ... 75409.html

PS I have retained my wife’s ILR BRP for my UK born child.

Also read:

https://www.immigrationboards.com/briti ... 00820.html

I think I am in the same boat as yours

1. My first child has British Passport however she was born when I had tier 1 so I have her Citizenship Certificate as proof therefore I am fine with that.

2. For my newborn (born while I have ILR), I can apply her British Passport however I have to retain my ILR BRP or my wifes ILR BRP (she does not have ILR yet).

3. You said you retained your wifes ILR BRP, did she not return it after her passport ? will we not be fined if we keep ILR BRP ?

Thanks

2) You should retain your ILR-BRP. Assuming child is expected soon before you become British, child will automatically be British by birth because of your ILR status. That will be child’s proof of BC. Your wife's status is irrelevant.

3) If you see the above link, I have posted the draft what I used to write to the relevant authority (sent by recorded delivery). However, I did not get any response and its been over a year now. No fine either.

I retained my wife’s ILR anyways after she became British. Child’s future is more important than the fine in my opinion. Plus no one so far ever has reported to receive a fine (at least on this forum). Even if I get a fine lets say, I have valid reason and proof of record delievery to contest it.