New Born Baby citizenship eligiblity

[pratap dasary]

Hi ,

I am an Indian citizen living in the UK. Last week, I got my settlement status in the UK.I was supposed to be awarded settlement status in July 2020 as completion of 5-years in the UK on Tier-2 general visa however due to the current pandemic situation I received last week. On 05-Sep-2020 I was blessed with a new baby boy.

I wonder, is he eligible for British passport? would you please provide me information on it. If not please help me on alternative process to get his British passport. As of now I haven't registered his birth in india .

[alterhase58]

It would be registration using form MN1 - child was born before you received ILR.
MN1 Guidance:
https://www.gov.uk/government/publicati ... 1-guidance

[secret.simon]

As of now I haven't registered his birth in india .

If the child was born outside the UK, your ILR is irrelevant.

Children born abroad follow the immigration pathway of the less-privileged parent and will be eligible to apply for British citizenship when both the child and the other parent has ILR AND one of the parents has British citizenship. So, what is your wife's UK immigration status?

The child would have been a British citizen automatically only if born in the UK after you were granted ILR (the date of application for ILR and of completing five years on Tier 2 is irrelevant. What matters is the date of grant of ILR).

[pratap dasary]

Thank you very much for your information.
 If I want to go through the MN1 form route, is it mandatory to have my son's Indian passport? because he was born in the UK 2- months ago and hasn't registered his birth at Indian Embassy too.

[secret.simon]

he was born in the UK 2- months ago

If he was born in the UK before the date of your ILR, then yes, the child can be registered using Form MN1.

If I want to go through the MN1 form route, is it mandatory to have my son's Indian passport?

No. The only requirement would be for his birth certificate and your ILR card.

Keep in mind that as the child will be registered as a British citizen, he can't have dual British & Indian citizenship (due to Indian law, not UK law).