Kid born abroad parents with ILR

[acwj]

Hi all,

My partner and I both hold Indefinite Leave to Remain (ILR), but we have not yet naturalised as British citizens. We’re expecting a child to be born overseas, and we’re trying to understand whether our child would be eligible to apply for British citizenship.

According to the government’s guidance here:
https://www.gov.uk/apply-citizenship-in ... r-children,
it seems to suggest that we can apply accordingly.

However, when reviewing Form MN1, it appears to focus on cases where at least one parent is a British citizen, and doesn’t explicitly mention the situation where both parents hold ILR but are not yet citizens.

Has anyone been through a similar situation, or could offer any clarification on how this works in practice?
Any insights or experiences would be much appreciated!

Thank you in advance.

[contorted_svy]

I think this is the case of 3(1) that applies to you

Children with settlement and residence
We recognise that some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. We recognise that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and strong connection with the UK. We therefore do not think it will always be appropriate to expect such a child to have to wait until the age of 18 to apply to naturalise, if the child is an older minor and established in the UK.

You must normally register where:

the child has completed a period of lawful residence in the UK of more than 5 years
the child has been granted settled status in the UK, and held that status for at least 12 months (if an earlier application is made you must consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK when subject to immigration time restrictions in the naturalisation guidance)
the child’s parents have completed a period of 5 years’ residence and are settled in the UK
the child is of good character
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
If a child does not meet all of the above criteria, you must consider whether the child meets any of the other scenarios where we would normally register. If not, you must consider in line with the guidance registering exceptionally below.

In order to apply straight away it would be best to give birth in the UK. In that case there is an entitlement to registration. If child is born abroad they will be expected to have ILR/ILE hold it for a year, and have lived in the UK for at least 5 years.

[CR001]

I think this is the case of 3(1) that applies to you

Children with settlement and residence
We recognise that some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. We recognise that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and strong connection with the UK. We therefore do not think it will always be appropriate to expect such a child to have to wait until the age of 18 to apply to naturalise, if the child is an older minor and established in the UK.

You must normally register where:

the child has completed a period of lawful residence in the UK of more than 5 years
the child has been granted settled status in the UK, and held that status for at least 12 months (if an earlier application is made you must consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK when subject to immigration time restrictions in the naturalisation guidance)
the child’s parents have completed a period of 5 years’ residence and are settled in the UK
the child is of good character
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
If a child does not meet all of the above criteria, you must consider whether the child meets any of the other scenarios where we would normally register. If not, you must consider in line with the guidance registering exceptionally below.

In order to apply straight away it would be best to give birth in the UK. In that case there is an entitlement to registration. If child is born abroad they will be expected to have ILR/ILE hold it for a year, and have lived in the UK for at least 5 years.

This is incorrect. A child born in the uk to parents who hold ilr is automatically British and can apply for a British passport directly. No MN1 registration required.

A child born abroad needs ILR before they can be registered as British on form MN1 and there is no minimum 5 year residence or 1 year ilr requirement for children.

[Ticktack]

If child is born abroad, if only one parent is British, child is British at birth.

If child is born in the UK, if only one parent has ILR, child is British at birth.

[acwj]

Thanks all. Just to clarify, either of us do not have British citizenship. Our first kid was born in the UK, and he was automatically eligible for a British passport. The main query is our next kid who will be born overseas, and what are the steps to get one. According to the responses, does that mean that we will need to apply for ILR for our kid, and then naturalise a year after?

[secret.simon]

If child is born in the UK
- Child is automatically British and can apply for a British passport directly.

If child is not born in the UK
- Child will need to apply for a family visa, will be issued ILE in line with both parents and will need to live in the UK for at least five years (not one year) with both parents remaining on ILR to be eligible for registration at discretion under Section 3(1).

Children with settlement and residence

We recognise that some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. We recognise that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and strong connection with the UK. We therefore do not think it will always be appropriate to expect such a child to have to wait until the age of 18 to apply to naturalise, if the child is an older minor and established in the UK.

You must normally register where:

the child has completed a period of lawful residence in the UK of more than 5 years
the child has been granted settled status in the UK, and held that status for at least 12 months (if an earlier application is made you must consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK when subject to immigration time restrictions in the naturalisation guidance)
the child’s parents have completed a period of 5 years’ residence and are settled in the UK
the child is of good character
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds

Alternatively the child can be registered as a British citizen when either one or both parents naturalise.

A child born abroad needs ILR before they can be registered as British on form MN1 and there is no minimum 5 year residence or 1 year ilr requirement for children.

CR001, that is not wholly correct. Now there appears to be a minimum residence requirement of at least two years even for children registering as British citizens in line with at least one parent naturalising. However, there are longer residence requirements if both parents remain on ILR.