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Hi,

I need some advice on citizenship for a child under 18. I have read the details on the ukba website but am not clear. my daughter got her ILR along with me in March 2012 however she was sent back to India for her studies. I am living here and was supposed to apply for citizenship in May when she comes to UK. Does she need to meet the criteria of residential requirements?

See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting - Children.

many thanks. sorry can you please let me know if the child needs to be present in the UK during NCS.

Was she born in the UK? (I'm guessing not).
How old is she? Is she over 13?

How long has she been living in the UK and how long in India.

Are you asking if get child needs to be present in the UK when applying or later when the application is under consideration?

she is 13 in May 2013. she was in the uk for the last three years but at present is studying in india.
i want to know if she has to be present in the UK during the application process and also during the process.

There is no requirement to be present in the UK when applying or after. However, as this is application at discretion (section 3(1)) her absence from the UK when applying and her absence before might raise doubts with the caseworker whether her future lies in the UK and about her best interest to become BC now.

thanks

Many thanks for your reply Guru.

I am looking for a layer to assist my case as discussed in the earlier messages. Would you know if anybody could helo mw with this.

Regards,

morjeker wrote:she is 13 in May 2013. she was in the uk for the last three years but at present is studying in india.
i want to know if she has to be present in the UK during the application process and also during the process.

Assuming that she was born outside the UK and qualifying territories, (you haven't confirmed this yet), then see also Chapter 9: Registration of minors at discretion > Children abroad 9.17.5, etc.

morjeker wrote:Many thanks for your reply Guru.

I am looking for a layer to assist my case as discussed in the earlier messages. Would you know if anybody could helo mw with this.

Regards,

See also Any good law firm recommendation?

Many thanks vinny,

is tehre any possibility that i can submit my case without a lawyer?

Yes, if you fully understand Chapter 9.

thanks for the reply. can i send the application through ncs or do i need to send to home office directly. i had spoken to a lawyer today and he said that the ncs will not accept the documents. i will need to send to the home office and the passport will come only after two to three months.

Do you fully understand Chapter 9? See also Chapter 6 General information.

If the Home Office accepts the MN1 application, then why won't the NCS? Did the lawyer explain?

The MN1 application is not a British passort application, so why would one come?

It's probably safer if she applies when she is in the UK.

thanks vinny

sorry i could not understand your message. i have spoken to the ncs and they have said that they cannot accept the application as she does not meet the criteria. she will be coming to UK during the time of application.

Why did the NCS say she didn't meet the requirements?

because she did not meet the residential requirements and also she is not studying in this country

For a 3(1) application they will be looking at the child's connection with the United Kingdom; and where the child's future is likely to lie. Thus if living in India whilst studying this would likely raise enough doubt to refuse the application.

my case is that me and my daughter got her ilr in dec. 2012. mu company announced redundancies hence i send her back to india. i will be getting her back once i get a permanent job shortly, can she apply for naturalisation along with me. her previous stay in uk was for three years. she is 13 years old.i spoke to a lawyer and he said it is fine and her case will be through. please help as i want to be very sure. thanks

9.17.19 wrote:We should normally expect a minor child aged 13 or more to have completed 2 years residence in the United Kingdom before agreeing to registration.

9.17.17 wrote:Residence means continuous presence except for holidays and short visits abroad for other reasons. Continuous absences of 6 months or more may be considered to have broken the qualifying period of residence.

I suppose it may depend if they consider her prior 2/3 years residence in the UK as already completed the residential qualifying period (before she went off to India).