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Hi,

Can any one please help in following situation?

My (main applicant) Indf due in sept 2010

My baby is holding home country passport. I assume i can apply for indf for myself and my baby in the same time. My wife cannot apply for indf as she has not stayed with me in the UK for two years.

Can any one please confirm that my baby can apply for indf in the same with me in a premium service (Please note baby has not travelled out the country and have not any visa on passport yet).

That is fine, just include the child on your ILR application ... if you wish! It is not an issue that the baby has no visa in their passport at this time.

You intend to get British Citizenship for your born-in-the-UK child? If yes I suggest you save a few pounds and don't include the child on your ILR application. The fact is that as soon as you have your ILR you will be entitled to Register your child as British, under section 1(3). You would use form MN1 for that purpose. That is, as soon as you have ILR your child has an entitlement to be Registered as British ... no UKBA discretion involved. Also section 1(3) applications are dealt with quite quickly ... usually under one month.

But if you don't intend to get your child British Citizenship, do include your child on your ILR application.

John,

Thanks for reply.

If baby get a settlement visa with his mom and as my depended (after ILR is granted to me) and then travel out the country can i register baby on Section 1(3) once he is away? i.e. I am going to pay settlement visa for my wife and baby can get it within same fee.

Secondly Form MN1 ask for the date indefinite leave granted to baby, but in my case baby would be having a settlement visa and not indf so what date to mention, please can you clarify. Many thanks in advance.

How soon after you get the ILR is it intended for the child to leave the UK?

As regards adding family members on to your ILR application, a total waste of time and money adding your wife, before she has not been in the UK for two years, as you pointed out. But if you add your child to the application the child will get ILR. That is, if you get ILR so will your child.

But adding dependant to your application is no longer cost-free, although the additional fee is a lot less than you will be paying for you. Hence my comment, don't add your child to your application if an MN1 application will be made shortly thereafter.

Completing the MN1? It is irrelevant when making a section 1(3) application whether the child has a visa, or what sort of visa. Again I say there would be an entitlement for the child to the Registered as British.

Thanks John

You did not answer the question :-

How soon after you get the ILR is it intended for the child to leave the UK?

Ohh sorry, If every thing went fine i will be getting ILR in the first week of Sept and child will be leaving Uk for appx 4 weeks in the first week of Jan 2011.

That being the case I would say don't include your child on your ILR ... save the extra expense. And then as soon as you have your ILR, make an application on form MN1 to register your child as British. Section 1(3) applications tend to be dealt with in less than one month. And then as soon as the Certificate of Registration is received through the post, apply for a British passport for your child.

If you make those applications promptly your child's British passport should have been received nicely before the end of October .... with over two months to spare before the trip in January.

John,

I have nother question on similar situation.

Please clarify, if baby is born before the father had his Indf i.e. only few weeks earlier, once father got his indf can baby apply on Form MN1. Please note in that case baby will not be having home country passport, will FORM MN1 be applicable?

Thanks

If child is born in UK before either parents received ILR, then one must register the child as British using MN1 form and upon registration apply for British passport.

If the child is born in UK after either parent received ILR, the child is automatically British and registration is not required.


regards

Please note in that case baby will not be having home country passport, will FORM MN1 be applicable?

Yes. We are dealing here with an entitlement application under section 1(3) and the Registration of the child must be granted as long as it is shown who the child's parents are, and that the child were born in the UK, and that at least one parent is now of "settled status" such as having ILR. Form MN1 needs to be completed.

There are no other conditions. It is irrelevant whether the child has another passport, or not, or whether the child has a UK visa, or not. Totally irrelevant for a section 1(3) application.

Thanks John,

I know i am asking too much,

i assume that in that case i need to fill in Section 1, 2, 4, 5, 6 and 7 only in Form MN1 not section 3.0 as that is for parents having british citizenship ?

Regards

I agree that section 3 will not apply, but neither will section 4, for totally different reasons.

John,

Now that i have applied for my son (MN1) and i have got the confirmation of application, assuming that i will receive the "Naturalisation Certificate" for my son i have a query on passport application form:

Section 9 "Declaration" Point 3 requires that the person signing declaration should be British, in our case i am not British and so do my wife, can you please advice who can sign this section in this case. Cheers

.... i will receive the "Naturalisation Certificate" ....

Well you will not receive one of those! What you will receive is a Certificate of Registration, because of course the form MN1 is an application for child registration.

Given we are talking about a section 1(3) application here, an entitlement application, no UKBA discretion involved, the certificate should arrive in under a month.

Section 9 "Declaration" Point 3 requires that the person signing declaration should be British

I can't find the form online. Are you talking about who can countersign the form? If you are then click here.

Dear John/shushmehta,
As you explained Taha that one can apply for MN1 form for child born in UK.I am going to apply ILR coming july,and i have a son but he got home country passport too and recently i have applied his visa as hee need to go out of country so can i also register him as BRITISH citizen,as my perception is this that i can only apply for his british citizenship once i got ILR or i can have before also?
I need you both experinced Advice.

ssoct98@hotmail.com wrote:Dear John/shushmehta,
As you explained Taha that one can apply for MN1 form for child born in UK.I am going to apply ILR coming july,and i have a son but he got home country passport too and recently i have applied his visa as hee need to go out of country so can i also register him as BRITISH citizen,as my perception is this that i can only apply for his british citizenship once i got ILR or i can have before also?
I need you both experinced Advice.

After you are granted settlement, not before.

regards