Citizenship Application for Newborn
The enquiry concerns the eligibility for a passport application for a newborn child following the acquisition of Indefinite Leave to Remain (ILR) in the UK. The individual has been residing in the UK for the past five years and recently welcomed a baby. The inquiry is centered on immigration and citizenship issues. Further information is anticipated to provide tailored assistance.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkOnce I obtain my ILR, can I apply for a British passport for my baby directly?
After receiving your Indefinite Leave to Remain (ILR), your baby, who was born in the UK, may qualify to register as a British citizen under section 1(3) of the British Nationality Act 1981. This does not automatically grant a British passport but enables you to apply for your baby's registration as a British citizen. Following registration, you can then apply for the passport. Your settled status aids in your child's path to citizenship.
What documentation is required for my baby's passport application?
To apply for your baby's British passport, you will need to submit:
- A completed application form.
- Your baby's full birth certificate listing both parents.
- Proof of your Indefinite Leave to Remain (ILR) status.
- Your passport or travel document.
- The other parent's passport or travel document, if needed.
Ensure all documents are original and translated into English if applicable. Refer to the UK Government's guidance for detailed requirements.
How does my current immigration status affect my baby's eligibility for British citizenship?
Your immigration status can affect your baby's eligibility for British citizenship because your baby was born prior to you obtaining Indefinite Leave to Remain (ILR). Once you obtain ILR, your child can be registered for British citizenship using form MN1 under section 1(3) of the British Nationality Act 1981, since they will have a parent with settled status.
Are there specific timeframes I should be aware of regarding my baby's British passport application?
After securing your Indefinite Leave to Remain (ILR), you can register your baby as a British citizen. While there are no mandatory deadlines for this registration, it is advisable to apply quickly to enjoy the benefits of citizenship. Processing times can vary, so initiating the application early is wise, especially if travel is planned.
What if there are delays in obtaining my ILR regarding my baby's citizenship application?
Delays in acquiring Indefinite Leave to Remain (ILR) could impact your baby's ability to apply for British citizenship. Your baby can only be registered as a British citizen once you secure ILR, as this signifies that they are the child of a settled parent in the UK. Consequently, any delays in obtaining ILR will postpone the citizenship registration for your child.
