Certificate of entitlement

[Vdoss]

Dear All,

I have a question which I could not find any answer anywhere and it will help me understand next steps.

I am currently in tier 2 general and eligible to apply for ILR. My baby was born in UK (2019 & has UK birth certificate) and also has an Indian passport and currently holds a tier 2 dependant visa.
My question is simple can we apply for a certificate of entitlement once I get my ILR or we can only apply for a British citizenship as he was born in the UK when I did not have an ILR?

Thanks in advance for your support and guidance

Regards
V

[secret.simon]

can we apply for a certificate of entitlement once I get my ILR

No. That is an option only available to British citizens and your child is not a British citizen as they were born in the UK before your ILR.

we can only apply for a British citizenship as he was born in the UK when I did not have an ILR

Correct. You will need to register him as a British citizen using Form MN1. Once he has been registered as a British citizen, he will automatically lose his Indian citizenship (because of Indian law). He will need to apply for a British passport and surrender his Indian passport as per Indian law.

[Vdoss]

Thanks a lot for response.

I had another question. If I don’t want to apply for British citizenship for my baby then should I apply for an ILR along with me?

[Vdoss]

Thanks a lot for your response.

I have a couple of more questions if that’s ok.

1. If I don’t want to apply for British citizenship for my baby then should I apply for an ILR along with me?

2. If I get my British citizenship after sometime will he be eligible to apply for one anytime ( before or after he turns 18). The reason I ask is my wife wants to go back to India for a couple of years.

[vinny]

1. Yes, else baby will overstay and unable to use some NHS services for free, etc., when leave expires.

2. UK born Baby under 18 will be directly entitled to register when you hold ILR or British citizenship.

[Vdoss]

Hi Vinny

Thanks a lot for your response.

One last question please. I will be applying my ILR 28 days before expiry. Can I apply the MN1 form at the same time if not my sons visa might expire?

[CR001]

Can I apply the MN1 form at the same time if not my sons visa might expire?

No you cannot. You can only apply for MN1 for the child once your ilr is granted as you need proof of ilr and your brp.

It doesn't matter if the child's visa expires. The UK born child can still apply to register on MN1 and does not need a valid visa to do so.