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Hi all,

Hoping someone can help me with following..

Our son who is now 6 was born in the UK. Shortly thereafter my husband got his ILR status. 2 years later we moved to the Netherlands (my home country), where we are still living. My husband still holds active ILR status, but never applied for citizenship while he was in the UK. Can we still apply for our son's UK citizenship based on section 1(3) on the MN1 form? Our intentions are to stay in the Netherlands, but would love for my son to remain ties with the UK.

Best regards,
Jolien

Hi all,

Hoping someone can help me with following..

Our son who is now 6 was born in the UK. Shortly thereafter my husband got his ILR status. 2 years later we moved to the Netherlands (my home country), where we are still living. My husband still holds active ILR status, but never applied for citizenship while he was in the UK. Can we still apply for our son's UK citizenship based on section 1(3) on the MN1 form? Our intentions are to stay in the Netherlands, but would love for my son to remain ties with the UK.

Best regards,
Jolien
[/quote]

I think you need to show the exact timeline for members to comment, and your nationalities and the exact immigration status.
Your husband holds ILR - under UK or EU regulations? Depending on how long he has been away - ILR lapses after two years absence as I understand.

Yes your absolutely right. Here goes..

Nov 2012: me (Dutch citizen) and my partner got married and I moved from the Netherlands to the UK where my husband, at that point only a South African citizen, had been living and working since 2008. He only had a temporary resident permit at that point.

June 2014: our son was born and received a Dutch and South African passport as couldn't apply for UK nationality

Sep 2014: my husband received his ILR status in the UK

Nov 2015: my husband became a Dutch national based on the fact that we were married for 3 years and living abroad. He therefore didn't apply for UK nationality as he would lose his Dutch nationality and the plan was to move to the Netherlands eventually (and we didn't foresee Brexit).

June 2017: we moved to the Netherlands, all three of us as Dutch citizens and my husband still with his UK ILR

I am aware of the fact that a UK IRL status is only active for 2 years when moving abroad, but he has been back to the UK for work regularly on his IRL and I understand it get's re-actived everytime (so I was told).

I was informed by Home Office that my son cannot apply for UK nationality as my husband received his ILR only after he was born, and I didn't make the 5 years living in the UK as an EU citizen. However, when looking at the citizen application under section 1(3), children who's parent(s) get their UK ILR status after birth can still apply for citizenship. However no one can tell me if I should have done that straight after my husband received his ILR, while still living in the UK, or if I can still do that now- 3 years later. The only thing Home Office tells me to read the guidence booklet (done that- it doesn't say), or hire an adviser (too expensive).

Hopefully someone here can help me further. Many thanks in advance!!

Anyone?

Hi all,

I was hoping someone can help me with the following.

I am a Dutch/South African citizen and moved from the UK to the Netherlands with my wife and son 3 years ago. My son was born in the UK. A few months before we moved to the Netherlands I received my UK ILR. I never got the chance to apply for British citizenship as we were moving to the Netherlands and I would then lose my Dutch citizenship (which I received after marrying my Dutch wife).

I would like to apply for citizenship for my son. Home Office already told my he cannot apply for UK nationality as I only received my ILR after he was born. Also, we didn't make the 5 year living in the UK as an EU resident requirement.

While he cannot apply for nationality, section 1(3) mentions that a child can still apply for citizenship when a parent receives his/her UK IRL after birth. This was indeed the case for us. However, we have been abroad now for 3 years, and I am not sure if we should have done that straight after I received my ILR, while still living in the UK, or if I can still do that now- years later. I know that an ILR is only active for 2 years when moving abroad, but I have been in and out of the UK on my IRL and I think it re-activates each time.

Hopefully someone here can help me. Many thanks in advance!!

You are referring me to my wife's post. Would be great if someone can assist us..

Thanks!

You are both asking the same question!!

Members offer advice for free in their own time and it is unfair when a couple have different usernames asking the same questions in different topics.

announcements/multiple-posts-will-be-lo ... t5722.html

announcements/multiple-member-id-s-t11811.html

Threads merged.

As to the original query, it is unclear whether at least one parent needs to continue holding ILR for a UK-born child to register under Section 1(3).

That section states;

Section 1 of the British Nationality Act 1981 wrote:(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.

As you can see, there does not seem to be any requirement for the parent to remain settled in the UK.

The birth of the child in the UK and a subsequent settlement by either parent in the UK at any time before the child's 18th birthday seems to be sufficient to trigger an entitlement for the child to register as a British citizen.

But the Home Office may not necessarily take that view and you may have to take them to court. But the only definitive way to find out, because there are relatively few people in your situation (of having acquired ILR and then having lost it before registering their UK born child), is to make a registration application on Form MN1.

Thanks Simon, very helpful. I will send in the application and find out.

To Char: you could have also either responded to my actual query or KINDLY let me know otherwise.