Me British -What now for my 2 kids born abroad now in UK?

[miketon]

Hi all
I am posting on behalf of my friend who works with me.

His status:

Got indefinite in 2005
Married in April 2006 (Afghanistan)
Child Born Oct 2007 (Afghanistan)
Became British Mar 2008
Another child born Jul 2010 (Afghanistan)
Wife+Children came to UK (Oct 2011)

Can he apply for kids indefinite stay/nationality or passport perhaps?

[geriatrix]

See also Born-abroad child

[miketon]

So I get it that he needs to apply for both kids on MN1 under section 3(1)?

thanks

[Jambo]

The child born in 2010 after he became British, is already British from birth.

How did the child travel to the UK? Did they apply for a visa for the (British) child?

[miketon]

Hi Jambo thanks.
Both kids has Afghan passports and came with mother as dependants on her spouse visa.

The child born in 2010 is still British by birth even-though was born in Afghanistan while father had British Citizenship? and only the eldest one need to apply on MN1 under s3(1)? No qualifying stay (2 years) needed?

Thanks

[Jambo]

The 2010 born child is British from birth (because his father was British when he was born in Afghanistan). He could have applied for a British passport from Afghanistan. There was no need for a visa for him. As he is in the UK now, just apply directly for a passport for him.

The 2007 born child can register as British under section 3(1). This is application at discretion and the HO would expect the other parent to hold ILR (or be close to achieve that) when applying for the child registration.

I suggest you (or your friend) read Citizenship FAQs - Common Questions - Children.

[miketon]

Thanks again Jambo

So its clear that the 2nd child born in 2010 can apply for passport.

However I am still not clear about the 1st child born in 2007.
Father already had ILR since 2005.

and could you please clarify below
"other parent to hold ILR (or be close to achieve that)" does it mean the mother? I think she would apply in Oct 2013 for ILR as she is on spouse visa since 2011.

Thanks

[Jambo]

Thanks again Jambo

So its clear that the 2nd child born in 2010 can apply for passport.

However I am still not clear about the 1st child born in 2007.
Father already had ILR since 2005.

and could you please clarify below
"other parent to hold ILR (or be close to achieve that)" does it mean the mother? I think she would apply in Oct 2013 for ILR as she is on spouse visa since 2011.

Thanks

For the child born abroad, his application is at discretion. The HO would normally expect at least one parent to be BC and the other parent to hold ILR. You can apply earlier than that but you will increase the changes of approval if applying after mother has ILR.

[miketon]

thanks Jambo

Will apply for passport for the younger one first then would apply for older one on discretion bases.


Thanks

[Greenie]

thanks Jambo

Will apply for passport for the younger one first then would apply for older one on discretion bases.


Thanks

it would be better to wait until the mother has ILR before applying for registration for the elder child.