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need an advice for my daughters British citizenship

Posted: Wed Sep 28, 2011 2:53 pm
by Murthy
My daughter was born in UK in Nov 2008

Visa status of both the parents in 2008 is :

Father: Work permit
Mother: HSMP Tier1


Father got his ILR stamped in 2009 and got his British Citizenship in 2011.


Mother is still on HSMP Tier 1, child is dependent on mother, her visa status is HSMP dependant.

Mother is going to get her ILR in Feb 2012.

My query is can my daughter apply for British citizenship without getting her ILR done with mother?

As she is dependant of her mother would it be possible to get British citizenship ?

Thanks,
Murthy

Posted: Wed Sep 28, 2011 2:55 pm
by Lucapooka
She can skip the ILR application and, instead, apply for registration as a British Citizen.

need an advice for my daughters British citizenship

Posted: Wed Sep 28, 2011 9:36 pm
by Murthy
Many Thanks for your quick reply.

But still we are in confusion as MN1 guide is stating(Parents) in Section 1(3) which is different from the ukligislation act where it is specified as Parent.

In MN1 guide it is specified as below:

Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the
UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens.

In Legislation Act it is mentioned as below :( url :http://www.legislation.gov.uk/ukpga/1981/61)

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (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.


Please advice if we can still apply for the British Citizenship as only one parent(father) has British citizenship.

Thanks,
Murthy.

Posted: Wed Sep 28, 2011 9:52 pm
by John
Please advice if we can still apply for the British Citizenship as only one parent(father) has British citizenship.
Yes, just one parent getting their ILR is sufficient for a UK-born child to apply for Registration as British under section 1(3).