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Automatic citizenship or registration - child born in UK to parents with ILR
Posted: Wed Oct 05, 2022 8:15 am
by ktyagi
Dear all,
A bit of confusion here. If a child born is born in the UK and parents have ILR then does the child automatically become British and do we have to apply for a certificate or document before applying for her passport? Or do we have to register the child as a British citizen and if yes which form to use?
We got ILR in Jan 2021. Our first child was born in 2018, and we registered him as British and got a UK passport for him after our ILR. Our second child was born in Aug 2022, not sure about the process for her!
This link:
https://www.gov.uk/check-british-citize ... 21-onwards
says that:
If your parents were not British, Irish, EU or EEA citizens when you were born
You’re a British citizen automatically if when you were born at least one of your parents was living in the UK and had any of the following:
indefinite leave to remain (ILR)
right to re-admission
right of abode
But google shows some other mixed advice too: like this one
solicitor weblink removed by moderator
says:
A child born in Britain to a parent with some form of settled status can also qualify for citizenship. Settled status can be either Indefinite Leave to Remain (ILR) or EEA Permanent residence. If this is the case, a child is not automatically granted UK citizenship – you must register them for it after their birth.
I know UK govt page is the one to trust but I just want to confirm!
Many thanks.
Re: Automatic citizenship or registration - child born in UK to parents with ILR
Posted: Wed Oct 05, 2022 8:40 am
by CR001
A child born within the UK to parents who have ILR are automatically British.
The solicitor weblink and quote you have posted is incorrect.
Re: Automatic citizenship or registration - child born in UK to parents with ILR
Posted: Wed Oct 05, 2022 8:45 am
by ktyagi
CR001 wrote: ↑Wed Oct 05, 2022 8:40 am
A child born within the UK to parents who have ILR are automatically British.
The solicitor weblink and quote you have posted is incorrect.
Quick, precise and concise, thanks CR001.
So I jsut apply for Passport and the home office will automatically assess if the child is citizen, or do I need to get some document certifying she is a British citizen and then apply for passport?
Cheers
Re: Automatic citizenship or registration - child born in UK to parents with ILR
Posted: Wed Oct 05, 2022 8:53 am
by CR001
Just apply for a passport. You are overthinking.
Documents required for child's first passport - born to parents with ILR
Posted: Mon Jan 02, 2023 12:16 pm
by ktyagi
Hi everyone,
We received our ILR in Jan 2021. Last year (i.e. 2022) in Aug we were blessed with our second child. Our first child already has British passport, he was born when we were still on Tier 2, so was naturalised to British after our ILR.
I am in the process of applying our second child's first British passport and have filled the online application, got the identification verification done, now the only thing left is sending the HMPO some documents.
However, the details and documents asked for in the application are a bit confusing - like grandparents' details and documents. Reading around on this forum I learnt that it is the same application for various routes that culminate in acquiring a British passport, hence the confusing requirements.
I think only the following 2-3 documents are needed but want to confirm. Could someone knowledgable/experienced with this process, check the following.
1. Submit child's birth certificate issued by County Council?
2. Submit the ILR BRP of one of the parents? or both?
3. Submit the Indian passport of one the parents? or both? or not required?
Many thanks in advance,
Cheers
Re: Documents required for child's first passport - born to parents with ILR
Posted: Mon Jan 02, 2023 1:17 pm
by alterhase58
ktyagi wrote: ↑Mon Jan 02, 2023 12:16 pm
1. Submit child's birth certificate issued by County Council?
Correct - full detail birth certificate showing parents' names.
2. Submit the ILR BRP of one of the parents? or both?
Correct - only one parent's BRP sufficient.
3. Submit the Indian passport of one the parents? or both? or not required?
Don't think they are required.
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 8:21 am
by Ticktack
ktyagi wrote: ↑Mon Jan 02, 2023 12:16 pm
Hi everyone,
We received our ILR in Jan 2021. Last year (i.e. 2022) in Aug we were blessed with our second child. Our first child already has British passport, he was born when we were still on Tier 2, so was naturalised to British after our ILR.
I am in the process of applying our second child's first British passport and have filled the online application, got the identification verification done, now the only thing left is sending the HMPO some documents.
However, the details and documents asked for in the application are a bit confusing - like grandparents' details and documents. Reading around on this forum I learnt that it is the same application for various routes that culminate in acquiring a British passport, hence the confusing requirements.
I think only the following 2-3 documents are needed but want to confirm. Could someone knowledgable/experienced with this process, check the following.
1. Submit child's birth certificate issued by County Council?
2. Submit the ILR BRP of one of the parents? or both?
Also note that whichever ILR BRP you use, should be kept for life. Not to be returned to the HO if you decide to naturalise. That's your child's claim to British Citizenship.
3. Submit the Indian passport of one the parents? or both? or not required?
Many thanks in advance,
Cheers
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 4:13 pm
by ktyagi
Ticktack wrote: ↑Tue Jan 03, 2023 8:21 am
Also note that whichever ILR BRP you use, should be kept for life. Not to be returned to the HO if you decide to naturalise. That's your child's claim to British Citizenship.
Thanks, will keep it. I am a hoarder when it comes to documents. But once the child gets her British Passport then would this BRP still be needed?
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 5:21 pm
by CR001
ktyagi wrote: ↑Tue Jan 03, 2023 4:13 pm
Ticktack wrote: ↑Tue Jan 03, 2023 8:21 am
Also note that whichever ILR BRP you use, should be kept for life. Not to be returned to the HO if you decide to naturalise. That's your child's claim to British Citizenship.
Thanks, will keep it. I am a hoarder when it comes to documents. But once the child gets her British Passport then would this BRP still be needed?
Yes. The ILR brp card is the Only proof that the child is British by birth being born to a parent who has settled. And yes, it can be asked for at passport renewal stage.
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 5:25 pm
by meself2
ktyagi wrote: ↑Tue Jan 03, 2023 4:13 pm
But once the child gets her British Passport then would this BRP still be needed?
yep, HO might want to see what was the way child acquired nationality; BRP is kind of the same as naturalization certificate for you, passport is just a travel document. See
post1314950.html#p1314950 and subsequent links.
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 8:38 pm
by secret.simon
CR001 wrote: ↑Tue Jan 03, 2023 5:21 pm
Yes. The ILR brp card is the Only proof that the child is British by birth being born to a parent who has settled. And yes, it can be asked for at passport renewal stage.
And it will almost certainly be asked for at the time of applying for a passport for children of the child (your grandchildren), especially if born abroad, as your child (your grandparent's parent) will have to prove that they were a British citizen otherwise than by descent (that status is not mentioned in either their passport or in any government database, but must be proved at the time of application).
A British passport is not definitive proof of British citizenship, only
prima facie proof. And there have been a few cases when children who were already issued British passports in error were not issued renewals when they applied for renewal.
Your children and their children may have to prove their right to British citizenship from first principles (British birth certificate, ILR status of the parent
at the time of their birth, i.e. parent's ILR BRP card predating their birth, etc)
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 11:16 pm
by ktyagi
Oh geez, would not have known that, thank you very much everyone
Seems my older child, who was born Indian and the naturalised to British via ILR has more definitive documentation. But that definiteness did cost a lot more money.
Re: Documents required for child's first passport - born to parents with ILR
Posted: Tue Jan 03, 2023 11:20 pm
by alterhase58
And make sure that older child's registration certificate is kept safe (replacements cost £250) - also don't laminate it (HMPO like to examine original documents...).
Re: Documents required for child's first passport - born to parents with ILR
Posted: Thu Jan 05, 2023 2:09 pm
by ktyagi
thank you again,
One more question. How do HMPO return the documents? Should I send a special deliver envelope when I send them the documents?
Cheers
Re: Documents required for child's first passport - born to parents with ILR
Posted: Thu Jan 05, 2023 2:35 pm
by Ticktack
ktyagi wrote: ↑Thu Jan 05, 2023 2:09 pm
thank you again,
One more question. How do HMPO return the documents? Should I send a special deliver envelope when I send them the documents?
Cheers
The HMPO uses TNT. Passport would come first then support docs would come at a later date. They would be dropped in your letter box.
No need to send special delivery envelope.