Child’s parents - both settled?

[GioKila]

Child was born in 2021 in the UK.
Father at the time was on Tier 2 visa, mother Tier 2 dependent.
Last summer father successfully applied for ILR via long residence route.
Mother and child successfully applied for family visa shortly after.

Father is planning to apply for citizenship this summer.
Am I right in interpreting the guidance that the child can not apply for citizenship until mother is also settled with ILR? And the mother needs to be on the family visa for 5 years before applying for ILR?
Is there any other way around this that I’m missing?
Thank you in advance.

[razergd1]

As far as I understand, only one parent need to be settled to be able to register a child born in the uk.
To do this you need to fill MN1 form for the child. As in your case it is the father. I believe you will be required to demonstrate legitimacy. The best way to do it is to show that you are and were married at the time the child was born. However, if you are not married there might be other ways to do this.

By the way, why did you apply for spouse visa? You could have extended your pbs dependent status until you qualify for ILR

This is my opinion not my advice. If you need immigration advice please contact someone whose qualified to do so.

[alterhase58]

From the MN1 Guidance
https://www.gov.uk/government/publicati ... gistration

Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens.

If I understand correctly father is now settled (ILR) and child born in the UK so can apply now for registration (children born in the UK don't need ILR to apply).
Mother has to wait until she qualifies for ILR.

[secret.simon]

Am I right in interpreting the guidance that the child can not apply for citizenship until mother is also settled with ILR? And the mother needs to be on the family visa for 5 years before applying for ILR?

As the child was born in the UK, the child is eligible to register for British citizenship on Form MN1 now, as at least one parent has got ILR status.

For children born in the UK, neither the other parent nor the child require ILR, which is required for children born outside the UK.

why did you apply for spouse visa? You could have extended your pbs dependent status until you qualify for ILR

Because the father (main applicant in this case) got his ILR through Long Residence, rather than through the PBS route, his dependents were required to change their immigration route to family member visa and they would not have been eligible to extend their PBS dependent visa.

This rule was only changed on 12th April this year, i.e. about two weeks ago. PBS Dependents can now continue on that visa till ILR if no further extensions are required, even if the main applicant got ILR via the Long Residence pathway, though it appears that they still can't extend on that visa.