Does my son need ILR?

[Blushing]

Hi, I am South African and so is my Husband. My husband has an ancestral visa, and I am a dependent on there. Our visa's were issued in April 2007. We had son that was born here in the UK in December 2007. At the end of 2010 he was added as a dependent on my Husbands visa. All our visa's expire in April 2012. I know that my Husband and I can apply for ILR next year? But what about my son? Does he need to apply with us? And when can we apply for his British Passport?

Thank you in advance for any answers.

[John]

As soon as either/both you and your husband have your ILR, an application for Registration as a British Citizen can be made for your son, using form MN! and applying under section 1(3).

Such an application is an entitlement application ... no UKBA discretion involved ... and it does not matter whether or not your son has his own ILR. The important thing is that he was born in the UK, and at least one parent now has ILR. That is it, well, apart from the need to pay the application fee.

[Blushing]

Thank you for the reply. Does that mean that we still need to add him on as a dependent on the ILR application form? And pay the £400 and something fee for him?

[John]

Well no, you can leave him off the ILR application, and save the fee for his ILR application.

The fact that he does not have ILR would not be a problem, given he will be making a section 1(3) application for Registration as British.

[Blushing]

Thank you!

[vinny]

See also child born in the UK.