Hi My husband has an ILR and i have a settlement visa here in the uk..i recently gave birth to our 2nd child. We're trying to apply our son for a british passport but the passport office said he's not eligible. I read the home office website and they said that my son is eligible because he was born here in the uk. The passport office would not tell us any reason on why they are saying that our son is not eligible. We consulted a solicitor and he said that we need to file for a naturalization for our son but i read in the homeoffice website that if the child is born here in the UK he does not need to file for a naturalization.because he's automatically eligible for a passport.my husband and i can't understand what they want us to do.we really need to travel soon.. I hope someone could help me.. Pls.. Thank you
A child is not automatically British by virtue of being born in the UK, it depends on the status of the parents at the time of birth. In this case the online questionnaire is telling you that your child "might e British" but that depends on the status of your husband and I don't know if ILR counts as legally settled in the UK. I found this http://www.migraco.com/blog/121/What-does-it-mean-to-be-settled-in-the-UK which seems to imply that someone on ILR should be deemed to be legally settled in the UK.
I thought too that a child is not automatically British because they are born here, I think we had this discussion a while back, as you said, it depends on the fathers status in the UK, I expect he would need to be a British citizen.
Based on these two screen grabs I agree with the lady the child is British if she and her husband are legally married and he has not violated the terms of his ILR.
