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Baby born while ILR application was in process

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Vishal7ue
Newly Registered
Posts: 13
Joined: Mon Sep 02, 2019 6:52 pm
India

Baby born while ILR application was in process

Post by Vishal7ue » Fri Nov 20, 2020 12:13 pm

I had applied for ILR in early May 2020 and due to Covid, it was delayed and took 6 months and I finally received it in Nov 2020. During this period, we had a baby who was born in London in July 2020.

Question is - Will the baby be considered British at birth and I can apply for a passport directly or would I have to apply for an MN1?

Will the date of the application of the ILR have any effect or is it just the date when the ILR was issued that matters?

Thanks!

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Baby born while ILR application was in process

Post by CULLINAN » Fri Nov 20, 2020 12:45 pm

Register baby as BC via MN1 first. Your baby is NOT British by birth.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

secret.simon
Moderator
Posts: 11549
Joined: Thu Feb 21, 2013 9:29 pm

Re: Baby born while ILR application was in process

Post by secret.simon » Fri Nov 20, 2020 9:46 pm

Vishal7ue wrote:
Fri Nov 20, 2020 12:13 pm
Will the date of the application of the ILR have any effect or is it just the date when the ILR was issued that matters?
It is the date that the ILR was granted/issued that matters. The date of application for this purpose is irrelevant.

If the child was born on or after the date of your ILR grant(approval), then they would be a British citizen by birth.

In this case, as @CULLINAN has advised, you need to register the child as a British citizen if you want the child to have British citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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