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I wonder if someone can give me advice regarding my son (born 2005). He was born in the uk and at the time my stay had not been regularised. I have since got ILR and while I am aware that I need to apply for a passport in my own country, what do we do for my son?. His dad and I are not legally married but at the time our son was born he had ILR. What kind of passport do I apply for my son?

As you are not married to your son's father, your son is not automatically British. However, as you now have ILR, see also child born in UK.

Register your son as British under section 1(3) of the British Nationality Act, now that you have ILR. Must be done before age 18.

vinny wrote:As you are not married to your son's father, your son is not automatically British. However, as you now have ILR, see also child born in UK.

Why is the child not british automatically? If you read the OP message well she said the father of the child had ILR at the time the child was born ,though they were not married at the time ,but the virtue of the fact that the father had ILR when the child was born , I think the child is british by birth if the father had ILR before the child was born.

troubled wrote:Why is the child not british automatically? If you read the OP message well she said the father of the child had ILR at the time the child was born ,though they were not married at the time ,but the virtue of the fact that the father had ILR when the child was born , I think the child is british by birth if the father had ILR before the child was born.

Child was born in 2005, hence before 1 July 2006, hence father does not count for automatic British citizenship because parents are not married. Child could be registered under section 3(1) of the Act, but now that mother has ILR, it's simpler/better to proceed under section 1(3). Either way, child isn't British until registered.