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need an advice for my daughters British citizenship

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

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Murthy
Newly Registered
Posts: 2
Joined: Wed Sep 28, 2011 2:48 pm

need an advice for my daughters British citizenship

Post by Murthy » Wed Sep 28, 2011 2:53 pm

My daughter was born in UK in Nov 2008

Visa status of both the parents in 2008 is :

Father: Work permit
Mother: HSMP Tier1


Father got his ILR stamped in 2009 and got his British Citizenship in 2011.


Mother is still on HSMP Tier 1, child is dependent on mother, her visa status is HSMP dependant.

Mother is going to get her ILR in Feb 2012.

My query is can my daughter apply for British citizenship without getting her ILR done with mother?

As she is dependant of her mother would it be possible to get British citizenship ?

Thanks,
Murthy

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 28, 2011 2:55 pm

She can skip the ILR application and, instead, apply for registration as a British Citizen.

Murthy
Newly Registered
Posts: 2
Joined: Wed Sep 28, 2011 2:48 pm

need an advice for my daughters British citizenship

Post by Murthy » Wed Sep 28, 2011 9:36 pm

Many Thanks for your quick reply.

But still we are in confusion as MN1 guide is stating(Parents) in Section 1(3) which is different from the ukligislation act where it is specified as Parent.

In MN1 guide it is specified as below:

Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the
UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens.

In Legislation Act it is mentioned as below :( url :http://www.legislation.gov.uk/ukpga/1981/61)

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen.


Please advice if we can still apply for the British Citizenship as only one parent(father) has British citizenship.

Thanks,
Murthy.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Sep 28, 2011 9:52 pm

Please advice if we can still apply for the British Citizenship as only one parent(father) has British citizenship.
Yes, just one parent getting their ILR is sufficient for a UK-born child to apply for Registration as British under section 1(3).
John

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