Child born to Indian Citizens eligible for MN1 post ILR - queries

[mahekkp]

Hi Forum,

I am currently on a skilled worker visa along with a dependant wife , visa expiring in Jan'25. We now have a child born in Apr'24 and I shall be eligible for ILR via 10 year naturalisation route in Aug'24.
I am seeking my clarifications to get an understanding of timeline and the implications on the options I have. I initially thought to register my child as Indian citizen under the Indian Citizenship Act Section 4(1) but since my child will be eligible to apply for British citizenship via MN1 post my ILR application, I don't want to undergo the hassle of registering my child as indian citizen followed by indian passport application, then surrendering the passport post successful MN1 application. I don't want my child to fill up details everytime when asked if my child held any other nationality/passport before.

My questions are :

Indian Citizenship Act Section 4(1):
I have applied online and uploaded the documents too but don't plan to submit the documents at VFS. Does it mean he will still have a paper trail with Indian embassy (note that the MHA file ref has been generated) OR
Should I just submit the docs at VFS and get the birth registration for indian citizen (for future use if any). Does it hold any value ?
I do not intend to apply for passport as I can wait out few months to get my child's british passport before commencing any travel. My child will be covered for 3 months free NHS post birth and I plan to buy private medical insurance to cover any health related issues until my child's citizenship.

Dependant ILR and MN1
1. Should I apply my ILR and my wife's dependant ILR together in Aug24 ? I plan to apply under fast track, will my wife's application be covered under fasttrack too ? or
2. Apply my ILR, then wife's ILR and child's MN1 or
3. Apply my ILR, then child's MN1 and lastly wife's Dependant ILR.
Reason being , my wife plans to travel to the US with my child to spend some time with her family around Dec'24 and both ILR and MN1 could take several months for decision.

Many thanks in advance.

[contorted_svy]

In this section of the forum we don't advise on non-UK legislation, so you will need to ask that in the "other countries" subforum. Same for your queries about ILR. You will need to be granted ILR (and potentially also your wife) before you can apply for registration. It is strongly advised not to make travel plans until a decision has been reached - if your wife wants to go to the US it may be quicker for your child to get an Indian passport and then declare it later when you apply for his registration.

[meself2]

We now have a child born in Apr'24

In the UK or abroad?

If it's the latter, both you and your wife (and your child) would need to hold ILR before child can be registered.

Your spouse's application would have to be paid separately for the priority decision.

All of the applications (ILR or MN1) may take several months, which will add time when your child and/or.your spouse cannot travel.
You might be better off getting your child an Indian passport and a US visa to be sure your plans are possible.

[mahekkp]

Child was born in the UK.

Also my understanding is that only one parent needs to be settled and not both as per legislation.

“(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) [F8or section 10A] shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.”

Does anyone know if I can apply my wife’s dependant and child’s MN1 simultaneously I.e. at the same time ?

Thanks

[CR001]

Does anyone know if I can apply my wife’s dependant and child’s MN1 simultaneously I.e. at the same time ?

Why wouldn't you be able too?? They are two completely separate applications and having nothing to do with each other.