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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My child was born when I had indefinite leave to remain. Naturalized

Resolved Question:

My child was born when I had indefinite leave to remain. Naturalized and acquired British Citizenship 10 months after she was born.
Was not married to her mom and is still not.
What are my chances of acquiring British Citizenship for her?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you already held ILR at the date of your child’s birth then your child is automatically entitled to UK citizenship. This is because they were born in the UK and you were “settled” for the purpose of the British Nationality Act 1981. This is acquisition of citizenship by birth.
The specific section of the Act which grants the citizenship is section 1(1) of the Act, which is here:-
http://www.legislation.gov.uk/ukpga/1981/61/section/2
This means that you can apply for the child’s passport now.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
I forgot to add that my child was born in the USA.
she is currently living here.
She has been living here since 2005.
Born January 2003, I acquired British Citizenship in November 2003.
ILR: May 2002
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
If your daughter was born outside the UK, then she would not automatically be entitled to UK citizenship because she was born outside the UK and you were not a UK citizen when she was born.
Therefore, because children under 18 cannot naturalise you would have to apply for citizenship for her on a discretionary basis. Please refer to the guide for citizenship:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/318564/Guide_MN1_-_June_2014.pdf
In particular, you should refer to the section titled "Any other child born to British or non-British parents." at page 17.
You would have to try and register them as a UK citizen first by using form MN1 and I woudl really urge you to instruction a solicitor first to prepare the application/supporting evidence first on your behalf.
Kind regards
Tom
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