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Child Naturalisation application queries

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sree17
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Child Naturalisation application queries

Post by sree17 » Tue Apr 25, 2017 12:47 am

Dear Sir/Madam,

Both myself and my wife were granted ILR on 01/04/2017 from Tier 2 general category. Our daughter is still on tier 2 general visa which is expiring on 7th may 2017. However as she was born here and we both parents have now been granted ILR are we correct in understanding that she can apply for naturalisation MN1 form straightaway.

The other question is my daughter has been away from UK for following period
16/07/2012 to 19/06/2013
02/12/2014 to 02/03/2015

We intend to apply for application on May 2nd 2017. Given the period will this absence cause any problem. If so, do we need to provide any justification.

Also what is the best way to process the application through council or apply by post directly.

Look forward to hear from you.

Best wishes
Sree

sree17
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Re: Child Naturalisation application queries

Post by sree17 » Tue Apr 25, 2017 12:50 am

sorry just to add child was born 20/03/2012 in UK

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CR001
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Re: Child Naturalisation application queries

Post by CR001 » Tue Apr 25, 2017 8:39 am

There is no absence restriction/limits for small children and even less so for children born in the UK who have an ENTITLEMENT to register as BC once either parent obtains ILR.
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prabashbala
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Re: Child Naturalisation application queries

Post by prabashbala » Wed Apr 26, 2017 12:12 pm

Cant we apply for British passport without naturalisation certificate for a child born in the uk after 1 st of July 2006 as soon as parents were granted ILR.

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CR001
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Re: Child Naturalisation application queries

Post by CR001 » Wed Apr 26, 2017 12:18 pm

prabashbala wrote:Cant we apply for British passport without naturalisation certificate for a child born in the uk after 1 st of July 2006 as soon as parents were granted ILR.
Only a British Citizen can apply for a passport. A child born before parents are granted ILR is NOT British.
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secret.simon
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Re: Child Naturalisation application queries

Post by secret.simon » Wed Apr 26, 2017 1:02 pm

prabashbala wrote:Cant we apply for British passport without naturalisation certificate for a child born in the uk after 1 st of July 2006 as soon as parents were granted ILR.
The child would automatically be a British citizen if born in the UK to at least one parent with ILR at the time of birth.

If neither parent has ILR at the time of birth, the child is not automatically British, but has an entitlement (i.e. can not be refused) to be registered as a British citizen after one parent acquires ILR.

As CR001 has stated, only British nationals can apply for a British passport.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

prabashbala
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Re: Child Naturalisation application queries

Post by prabashbala » Wed Apr 26, 2017 2:12 pm

If a child is entitled to be registered as a British citizen , once one of their parent is granted ILR, would it not be valid to argue that, child is British at that point and can apply for a British passport.

secret.simon
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Re: Child Naturalisation application queries

Post by secret.simon » Wed Apr 26, 2017 2:38 pm

prabashbala wrote:If a child is entitled to be registered as a British citizen , once one of their parent is granted ILR, would it not be valid to argue that, child is British at that point and can apply for a British passport.
Nope, an entitlement to register means what it says on the tin. It is an entitlement to the registration only. It is not an automated process.

If the UK Parliament wanted to make children automatically British when one parent got ILR, it would have said so. But they decided that it would be up to the parents to choose to register their child.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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