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Parents have got ILR but Child does not

Posted: Tue Jan 26, 2010 10:33 pm
by farrukhshk
Hi All,

I really need a very quick help. We applied for ILR (myself, my wife and our daughter) in October 09 and we got it in January 2010. So thats all good. However, our son was born in December 2009 while our ILR applications were in process. So now we have got our settlement visa, what should we do for our son who obviously does not have any visa yet.

Should we apply ILR application for him first and then apply for british citizenship? or

does he become entitled to british citizenship automatically (as his parents are settled in UK now) in which case we need to fill in form MN1 directly.

My other question is clarification in filling in form MN1 which asks for ILR reference for the applicant (our son), which obviously we don't have. What should we mention in this case?

Could someone please help me with this, I will always be grateful.

Regards,
F

Posted: Wed Jan 27, 2010 8:04 am
by John
Congratulations on the ILRs and the birth!

Your born-in-the-UK child now has an entitlement to be Registered as British. Go straight for the form MN1.

The reference number? If I were you I would write something like .... N/A .... not applicable.

Posted: Thu Jan 28, 2010 10:30 am
by sukumar
If you'r son was born after the date you have been granted ILR then your child automatically qualifies for British citizenship if it was before that date even you thoguh you had made application and it was in process then I don't think he qualifies and may be you need to apply for ILR status.

This is just my understanding from the letter I received when I got my ILR, you might need to make sure what the law says though.

Posted: Thu Jan 28, 2010 11:01 am
by John
sukumar, it is clear from the opening post in this topic that the son was born in December but the ILRs were granted in January. So there is a need to use form MN1 to Register the child as British.

Posted: Thu Jan 28, 2010 5:04 pm
by Directive/2004/38/EC
Once your son is registered as a British citizen, you can immediately apply for a UK passport for him.

At one point, registration took about 6 weeks to be processed.

very confused now

Posted: Thu Jan 28, 2010 5:05 pm
by farrukhshk
Hi - Thanks all for the reply. I am very confused regarding few other things. First let me tell you what I am clear about.

My son was born before my ILR status. I have got the ILR now. So my son is automatically eligible to be registered as british Citizenship.

What I am now confused on is the guidance regarding filling in the application Form MN1, which says in chapter 4 that 'for children living in the UK' I need to provide following documents with my application form: -

Child's full birth certificate (I got it) And
childs' passport (I haven't got it) And
Parents marriage certificate etc etc.

My obvious concern is that I haven't got child's Pakistani passport because I haven't applied for it yet. Do I need to have Childs' passport? And Why? I thought the logical steps are to obtain citizenship and apply for british passport directly?

Can some one please help me with this as I am totally confused?

Regards,
F

Posted: Thu Jan 28, 2010 5:21 pm
by Directive/2004/38/EC
I suspect you can simply explain that your son does not have a Pakistani passport.

Do you not intend to apply for the Pakistani passport also? Are there any down sides to also having the passport? Do you require it for visits to Pakistan?

Re: very confused now

Posted: Thu Jan 28, 2010 11:58 pm
by JAJ
farrukhshk wrote: My obvious concern is that I haven't got child's Pakistani passport because I haven't applied for it yet. Do I need to have Childs' passport?
No.

one final urgent quick question

Posted: Thu Feb 04, 2010 10:11 pm
by farrukhshk
Do I need to attach marriage certificate with FORM MN1 application? Our marriage was in early 2007 and both children born in UK after that? Please respond urgently as I have an appointment with NCS for tomorrow?

Re: one final urgent quick question

Posted: Thu Feb 04, 2010 11:35 pm
by keshgrover
farrukhshk wrote:Do I need to attach marriage certificate with FORM MN1 application? Our marriage was in early 2007 and both children born in UK after that? Please respond urgently as I have an appointment with NCS for tomorrow?
Take it with you when you go for an appointment. If needed NCS staff will ask you for it. If you are using NCS you dont have to worry about the originals as they will only be sending photocopies. Birth Certificates and marriage certificates are important. I was asked to bring passports of both parents too.

Good Luck.

Posted: Fri Feb 05, 2010 11:17 am
by farrukhshk
The problem I have is that I did not have the translated copy of the marriage certificate. Hence, if anybody knows what the rule of law is and can quote the number or guide for me, that will really help. I know someone mentioned to me about 'no need of marriage certificate if children born after 2006'....

Posted: Fri Feb 05, 2010 2:50 pm
by f2k
farrukhshk wrote:The problem I have is that I did not have the translated copy of the marriage certificate. Hence, if anybody knows what the rule of law is and can quote the number or guide for me, that will really help. I know someone mentioned to me about 'no need of marriage certificate if children born after 2006'....
you dont need your marriage certificate. if you carry child's birth certificate and your passport and also your wife's that should be enough.

Posted: Fri Feb 05, 2010 8:37 pm
by farrukhshk
Thanks. I carried only passports and birth certificate, and it was enough. Application has now been submitted on 5 Feb 2010. I hope my children get the citizenship certificate as soon as possible...figures' crossed..