Child Nationality probelm MN1

[shieldguy]

My child born in UK on 18 July 2012 and after 1 month 19 Aug 2012 I get the ILR

My wife is currently on FLR(M) visa which is ILR spouse visa

I called Homeoffice ask them if I can apply for my baby under MN1 application (Registration as a british citizen) I got mixed reply from homeoffice 1 person say yes I can but on my next call other person say no because both parents need to be ILR atleast

I called few lawyers and most of them say yes I an apply only few says no I cant

Now I am totally confused that what should I do please advice

[boloney]

the answer is yes, only one parents need to besettled if child was born in the UK.

[ban.s]

you can register your child based on your ILR.
also see the citizenship faq - section children Q1

[Jambo]

You may want to read the actual legislation yourself.

See section 1(3)(a) - "father or mother".

[shieldguy]

thanks for your reply but i still have a confusion that according to form MN1 section 1(3)

birth in the uk to parents who are now settled in the uk.

please note it doesn't say that if either of the parent has ILR then baby can be register as british citizen.

[wpilr_nov12]

The legislation (jambo's post/link earlier) supersedes any other interpretation

[ban.s]

the form and MN1 guides are bit misleading.

also see 8.1.1.1 (c) of case working instruction on this (based on the above mentioned legislation, ofcourse) - it is "either" parent.