Naturalisation necessary before child can be registered British?

[gcoopermax]

Tried searching through the forum but I still have this confusion. My son was born in the UK this year and both myself and wife had ILR at the time, so my understanding is that our son is already a British citizen. However I am trying to understand what is further course of action towards his passport. I am not sure if I am required to register him as a British citizen through MN1 form as it is generally used when parents get ILR/citizenship AFTER the child was born.

I had a look at guidance for first passport below:
https://assets.publishing.service.gov.u ... 11.19_.pdf

Q3, Page 16 on this document states the documents to be supplied to prove child's claim to British nationality and none of the options indicates non-EU citizens with ILR are included:

==============
Evidence of applicant’s parents’ claim to British nationality at
the time of applicant’s birth

This could be:
Ÿ Parents’ British passport number (provided at section 4 of the application form) OR
Ÿ Full birth certificate of parent(s)* OR
Ÿ Certificate of registration or naturalisation

*If the applicant was born before 01/01/83 parent’s details are not required on the birth certificate. If making a claim through the father you will also need to provide a marriage certificate to the mother.

OR

Evidence of applicants’ parent’s immigration status in the UK at the time of applicant’s birth.
This could be:
Ÿ Parents’ passport at the time of applicant’s birth
Ÿ If fathers passport, the marriage certificate between applicant’s mother and father is needed.
Ÿ Unique Application Number if parents were granted Indefinite Leave to Remain (ILR) under the EU Settlement Scheme (see section 8 on page 9)
==================

So the booklet only includes parents who received ILR through EU settlement scheme, while I received ILR after 5 years on Tier 2 VISA as I am non-EU citizen. Am I required to register him as a citizen before I apply for the passport?

[vinny]

If child was born in the UK to a parent holding ILR, then child is automatically British. Then child may apply for a British passport.

[gcoopermax]

Thanks, that's what I thought but the booklet provides incomplete guidance then. I will try and apply for a passport to see the documents they require while completing the online form.

[alterhase58]

Child's claim to British citizenship is proven by evidence of your ILR, such as your BRP card.

[CULLINAN]

Also, you are advised not to return your ILR BRP after your own naturalisation (at least one parent - preferably mother in this case), as parent(s) ILR BRP is the proof for child’s claim to British Citizenship.

The checklist for child’s BP will generate bunch of unnecessary documents. Ignore that.

All you need is:

1) Child’s UK birth certificate
2) Any parent(s) ILR BRP - preferably mother’s ILR BRP
3) Parent(s) consent
4) Marriage certificate (if child relies on father’s ILR BRP).

[gcoopermax]

I am a bit confused after calling Passport helpline. Both wife and I had a settled status (after I having worked on Tier-2 visa) when our child was born. My understanding is that he is already British from the references below:

https://www.legislation.gov.uk/ukpga/1981/61/section/1
https://www.gov.uk/apply-citizenship-born-uk
https://assets.publishing.service.gov.u ... 4.0ext.pdf

However the form does not provide provision for settled parents (outside EU settlement scheme). The guidance for the passport is given here: https://assets.publishing.service.gov.u ... 11.19_.pdf


Evidence of applicant’s pare nts’ claim to British nationality at the time of applicant’s birth
This could be:
Ÿ Parents’ British passport number (provided at section 4 of the application form) OR
Ÿ Full birth certificate of parent(s)* OR
Ÿ Certificate of registration or naturalisation

*If the applicant was born before 01/01/83 parent’s details are not required on the birth certificate. If making a claim through the father you will also need to provide a marriage certificate to the mother.
OR
Evidence of applicants’ parent’s immigration status in the UK at the time of applicant’s birth.
This could be:
Ÿ Parents’ passport at the time of applicant’s birth
Ÿ If fathers passport, the marriage certificate between
applicant’s mother and father is needed.
Ÿ Unique Application Number if parents were granted Indefinite Leave to Remain (ILR) under the EU Settlement Scheme (see section 8 on page 9).

I called passport office and I was told that I need to have naturalisation certificate before I can apply for the my child's passport. Is this a correct advice?

[CR001]

You need only your ilr brp if the child was born after you got ilr.

[CR001]

Child's claim to British citizenship is proven by evidence of your ILR, such as your BRP card.

As already advised.

[gcoopermax]

Apologies, I completely forgot I already had posted this question before! Thanks for merging the threads