British citizenship for child born outside the UK

It is assumed that a child of a British citizen born outside the UK will become a British Citizen also. There are various circumstances were British citizenship for child born outside the UK may not be possible.

Is British citizenship for child born outside the UK possible?

There are different scenarios that can lead to your child getting British citizenship. Whether a child is entitled or not depends on whether they fall into one of the following categories and even then there may be options.

British by descent

If a child’s father or mother was born in the UK and is a British Citizen then their children will be British regardless of where they are born. These children if born outside the UK are classed as British by descent. This means that they can’t pass citizenship to their children. Many people overseas may not realise they are British by descent and when it comes to travelling back to the UK with their children who are not entitled to British citizenship this comes as a shock to them.

Section 3(5) of the British Nationality Act 1981

This option will apply to those who have parent’s who are British by descent. normally these parent’s can;t pass on their British nationality to their children. There is however one circumstance that permits their children to apply via MN1 to register their child as a British Citizen. The conditions are that the British by descent parent(s) where living in the UK for at least 3 years before the date of the child’s birth and that during this 3 year period they where not absent from the UK for more than 270 days. It is also expected that the parents register their child’s British nationality before their 1st birthday.

Who will not qualify for British citizenship?

There are many ways in which your child may not qualify for British Citizenship. If you are British by descent and haven;t lived in the UK for over 3 years before their birth then your child will need a family dependent visa to join you in the UK.

If you are unsure about your own British Citizenship eligibility or your child’s then contact WM Immigration to find out how we can help.

Bank statement requirements for ILR Application

Bank statement requirements for ILR Application can cause a lot of headache for those applying through the UKBA PEO same day service also now known as the Home Office premium Service. Many applicants have sleepless nights over what is and isn’t accepted by the Home Office for your application. Here we try to explain what statements are required for ILR and what to do if your bank won’t stamp your statements.

Bank statement requirements for ILR Application

Lets look at what the Home Office SETO guidance notes for Sept 2015 mention about bank statements for ILR.

Personal bank or building society statement: This must be the most recent statement dated no earlier than one calendar month before the date of the application. The statement must clearly show your: name; account number; the date of the statement; the financial institution’s name and logo; and transactions by the sponsor covering the period no earlier than one calendar month before the date of the application.
We can also accept as evidence: A bank or building society statement printed on the bank’s or building society’s letterhead, but this excludes mini-statements from automatic teller machines (ATMs); 
An electronic bank or building society statement from an online account, but it must contain all of the details listed above. You must also provide either: a supporting letter from your bank or building society, on company headed paper, confirming the statement provided is authentic, or an electronic bank or building society statement bearing the official stamp of the bank or building society on every page;

You will notice here that the part in bold actual shows that the Home Office will accept a statement on the bank’s letterhead. Therefore if you enter a bank branch and they print a statement on the bank stationary showing the required information as highlighted above it must be accepted. the statement doesn’t have to show your address, but must show the other information that is requested for the ILR bank statement requirement.

But what about stamps or a letter from the bank for my ILR statements?

Getting your bank statements printed in the branch stamped or supply a covering letter is only required if your bank account is an online only account. Just because you have online banking doesn’t mean your bank account is an online only account. The term online only account means you have a bank account with a bank that has no branches or physical place you can walk into. These banks are not very common and you are unlikely to have an account with these for your wages to be deposited into.

So the bottom line is that you don’t need a stamp or covering letter if the statement is printed in branch and shows the required information.

If you bank with HSBC or NatWest you will have discovered they don’t stamp statements and may have a visa or ILR application at the PEO coming up soon. You should not panic or worry. Providing you get the requested statements from the branch you are fine. The key is to ensure they are not older than 1 month on the day of application and that they show the transactions you need for the application.

Bank Statements required for ILR from Tier 1 General

If you are ready to apply for ILR from Tier 1 General then you will need a considerable amount of bank statements. The first set of statements required is 12 months bank statements for your proof of earnings. The second set of statements required are proof of finances which requires your most recent 3 months statements.

Bank statements required for ILR from Tier 2 General

For Tier 2 General the bank statements required are your latest monthly bank statement and the most recent 3 months to cover the financial evidence requirement also. The issue that can arise with Tier 2 applicants applying for ILR is that they may only get paid a few days before the PEO or Premium appointment date meaning they don;t have their most recent payslip showing in their account. This is an issue for some and worth considering beforehand when preparing. If you are unfortunate enough to require a bank statement a few days before the ILR appointment then go to your branch and have them print off the statement on their letterhead. Based on the Home Office guidance this must be accepted.

If you are applying for ILR from Tier 1 General, Tier 2 general or any other visa and need our services then please contact us for assistance. We can offer a simple advice session, document check, full application assistance and Same Day representation for peach of mind.

Saving money with Family ILR and MN1 application

Many migrant families will register their child or children born in the UK for British Citizenship through an MN1 application after they themselves obtain Indefinite Leave to Remain. Currently the cost of an ILR application is £1500 and £1900 if you apply through the Home Office Same day Premium Service for their Permanent Residence. Many families applying for ILR don’t realise that they can skip the settlement application for their children and go straight to getting the child their citizenship through the MN1 route.

What is an MN1 Application

This is the application form used to apply for your child to register or naturalise as a British Citizen in the UK.

How can I save money on my families ILR application?

Under Home Office guidance your child will be entitled to British Citizenship through section 1(3) if the child was born in the UK as the parents have ILR or British Citizenship. This means that they can skip the settlement application and once the parents have their Indefinite Leave to Remain biometric Card they can submit their child’s application through the MN1 route.

Will there be a problem if I don’t obtain a settlement visa or ILR for my child?

No, your child doesn’t need ILR or Settlement to qualify for Citizenship and will not be refused if they don’t have their settlement BRP card. We assist many families with this route saving them £1000s on the already very expensive Home Office visa application fees.

What if their current leave to remain expires?

Your child doesn’t need a valid visa or ILR to apply through section 1(3) to register as a British Citizen. Your child may not even have any visa or ILR when you make their MN1 application, this is fine. For instance if your child was born in June 2015 and the parents qualify for ILR in September 2015, they do not need to get the child a visa or ILR. They can skip this stage and get them registered as a British Citizen.

If you need assistance getting your child British Citizenship or want to know how we can help save you expensive fees, then contact WM Immigration for a free assessment.

Do EEA Citizens need to apply for PR in the UK?

We receive many inquiries from EEA citizens asking us the question “Do I need to apply for PR in the UK”? This question depends on many factors, read on to find out what you need to know about Permanent Residence and British Citizenship for EEA or EU citizens.

Do I need Permanent Residence in the UK as an EEA citizen?

The answer is no. BUT, without it life can become difficult here in the UK for an EEA citizen. Imagine you are from Germany and you have been here in the UK for 5 years. You return home for 6 or 7 months and come back. You then apply for British citizenship assuming you had automatic right to PR only to find you have been rejected and lost your £1005 application fee. Now your settlement clock has reset and you have to wait another 5 years before you are eligible for settlement.

What is automatic right to Permanent Residence?

When you have been in the UK as an EEA citizen exercising treaty rights for 5 years through the following then you qualify for Permanent Residence automatically.

  • Working
  • Self-Sufficient
  • Self-employed Person
  • Studying
  • Retired Person

You don’t have to apply for EEA PR to have documentation proving this. The issue is that you don’t have proof and evidence can be lost easily or hard to obtain as the years go past. It is best to get this evidence.

Advantages of applying for proof of PR as an EEA migrant are:

  • You have consolidated 5 years worth of documents into one
  • You ensure that any future non-EEA family members will have an easier time with migration or EEA applications
  • You make it easier for yourself to obtain British Citizenship
  • If you leave the UK and come back you can more easily prove your PR status
  • Won’t be affected by any political policies that target EEA nationals such as restricted benefits

Once you have obtained Permanent Residence your British citizenship application will be simplified in the fact you only have to show a limited amount of documents and not an intense bundle of paperwork that may not only get refused but cost you dearly in finances. The stress of being refused a citizenship application is not worth the hassle.

For this reason it is advised to obtain Permanent Residence proof if you are an EEA citizen to ensure a smoother transition to getting naturalised as a British Citizen. If you need help with any of these applications or a document check to ensure you have prepared the correct paperwork for the strict Home Office requirements then contact us for further assistance.

ILR Refused

If you have had your ILR refused it may be due to some of the reasons listed below. These ILR refusal guidelines are mentioned throughout the Home Office guidance and policy within their website.

The Home Office state for their caseworkers that they must refuse an applicant who is applying for indefinite leave to remain on or after 13 December 2012, if they:

  • Were convicted of an offence and sentenced to imprisonment for at least four years
  • Were convicted of an offence and sentenced to imprisonment for at least 12 months but less than four years, and 15 years has not passed since the end of the sentence
  • Were convicted of an offence and sentenced to imprisonment for less than 12 months, and seven years has not passed since the end of the sentence
  • Have within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out of court disposal recorded on their criminal record.


If you have had a criminal offence in the past 24 months you can’t apply for Indefinite Leave to Remain. You have to wait 24 months from the date the offence is given by the court.


What can I do if I can’t apply for ILR and my visa is going to expire?


I’m currently on Tier 1 General visa and can’t apply for ILR due to a criminal offence. What can I do to stay in the UK?

  • Find an employer who is registered with the Home Office to sponsor foreign workers under Tier 2 General. Most large companies are already registered with the Home Office. We can also assist employers becoming a Tier 2 sponsor. If you get a job offer from one of these employers under the Tier 2 General visa route, you can extend your stay for up to 6 years. You won’t be able to apply for ILR though unless you earn over £35,000
  • If you have £200,000 you can apply for a Tier 1 Entrepreneur visa. This will permit you to stay in the UK for another 5 years running your own business
  • If you have a partner then if they are eligible they could get sponsored under Tier 2 General and you can switch in country to become their dependent. That way you can at least continue to live and stay in the UK until you meet the Indefinite Leave to Remain requirements


Study in the UK

In the UK if Universities don’t fill all the places they have for a degree course then it goes into clearing. This typically happens in August each year after the high school results have come out and there is a scramble for places. What many prospective overseas students may not know is that they can gain a place at a high ranking UK University only a few weeks before the start of the course. If you check through many of the UK University sites or search for Clearing then you will find opportunities for Tier 4 Students. Prestigious courses such as Pharmacy, Maths and many other sciences end up in clearing. This is not only because the course is not popular, but with increased government quotas, Universities have been able to recruit many more students creating much more opportunity for Tier 4 students to study in the UK. If you are an overseas student wanting to study in the UK then contact different UK Universities to find out which courses are open to Tier 4 students.

Advantages of Studying in the UK

  • World class education – The UK has some of the best ranked and respected Universities in the world
  • Employability – If you graduate from a UK University and return to your home country you will be much more in demand than many other job applicants
  • Part time work – During your Degree you and your dependents can usually work bringing in extra cash and experience
  • Work in the UK – If you apply carefully and interview well with a large company you can get sponsored under the Tier 2 Visa system permitting you to stay in the UK and work after your studies


If you think you have missed your opportunity to study in the UK, then think again. There are many university places that will accept you even if you performed poorly in your exams. Contact them today to find out if you could be studying in the UK.


If you need advice or assistance with your Tier 4 Visa application or want to know if you meet the criteria then Contact Us today

Finding a Reputable Immigration Company

It can be difficult to know how to find a reputable Immigration company when searching for Immigration advice in the UK or elsewhere. UK Immigration firms are usually regulated by the Office of the Immigration Services Commissioner or OISC for short. It’s still possible a company may use their logo, but not be authorised to provide immigration advice. The best course of action to ensure help with finding a reputable Immigration company is as follows:

Check they have a registration number with the OISC – this is usually located on their about us page or somewhere on the website. If you can’t find it ask them for it. Then you can check the OISC website  to check if the company or adviser is authorised to provide immigration advice in the UK.

Check if the company has a listed address and telephone number. Unfortunately nowadays it’s easy for a company to put up any address as they are already rash enough to break the law they will not care about using their address or another premises address.

Check if the company is registered with companies house. If you search on companies house you will at least see if it is a trading company, if they are still in business and how long they have been in business. This doesn’t help with understanding if they can provide immigration advice or not, but does help with you checking the credibility of that company in question.

Every year the OISC find individuals and companies providing illegal immigration advice and ensure the law is enforced. It is important that you as a migrant are treated fairly and in accordance with the law. Immigration advisers authorised by the OISC have a set of codes and standards that must be followed to ensure you as a client are treated fairly, respectfully and professionally.