British Citizenship for Child in UK for 2 Years

[vivekmarwah]

Hi All,

I went to the Nationality Checking service today to submit documents for applying British Passport for my child who is born in the UK. The lady at NCS stated that we can also apply British Nationality for our second child (Born in India) as she is in UK for more than two years and as we have ILR now.

Is anyone aware of this rule. I was under the impression that a child born in UK can only apply for British Citizenship once any of the parent get a ILR.

Please comment.

Regards

[Jambo]

NCS were wrong. Your understanding is correct.

[vivekmarwah]

Thanks Jambo. I am really confused. The lady double checked this in her system and have asked me to get the second MN1 form filled and she has holded first child application. She is saying no point in paying 551 pounds again for your child when you can get both the child Nationality certificate in 850 pounds.

Is there any document which explicitly clarifies this point.

Kind Regards

[Jambo]

Just to clarify - the parents are not British. Were granted ILR recently and have one child born in the UK and one born abroad.

Correct?

[vivekmarwah]

Yes, that is correct.

Parent entered in UK in Dec 2007. First child (Born in India) entered in April 2008. Second child born in Dec 2010.

Both parents and child born in India got ILR in Oct 2012.

Hence, query: Can child born in India who is in UK since April 2008 apply for British Citizenship along with Child Born in UK.

Regards

[uk220612]

Hi vivekmarwah,

I'm in similar situation, though I'm based in Belfast & can't got to NCS, please advice how your application goes?

Regards,

[Jambo]

Hence, query: Can child born in India who is in UK since April 2008 apply for British Citizenship along with Child Born in UK.

She can always apply but as this is application at discretion, the chances for approval are slim.

See

9.17.11 It will rarely be right to register a child neither of whose parents is or is about to become a British citizen ...

9.17.12 An application which falls outside these criteria should not normally be approved, even if there are British citizen siblings or siblings with entitlements to registration as a British citizen, unless we are satisfied that registration would be in the child's best interests.

If you still not convinced, ask NCS to call the HO and verify.

If you want save cost and you plan to apply for naturalisation yourself in one year, then the two children can apply then.

[vivekmarwah]

Thanks Jambo. I called Louise at Benfleet NCS and asked her to check again if she is right. She called HomeOffice and now has confirmed that we cannot apply for British Passport of our daughter born in India. We can only apply for Daughter born in UK for British Passport as we have got our ILR.

Thank God. I am not surprised as whole of this process is not very clean anyway.

Thanks Jambo for your help.

Kind Regards