Immigrationboards.com

Posted: **Sun Nov 17, 2013 4:51 pm**

Hi,

Advise required from senior members

My daughter is born in India and she is in UK since last 5 years and her current Tier 1 (Dependant) (2nd Extn) visa would expire in 2016.

1) If I apply for ILR now for myself, do I need to apply for ILR for her also?
2) I should be able to get citizenship after a year of ILR which I think end of 2014. Would it be ok to apply for Citizenship for her in early 2015 without going through ILR path for her?

I think it should be ok under UKBA clause http://www.ukba.homeoffice.gov.uk/briti ... ngintheuk/

Please feel free to comment. If anyone of you have done this, please let me know.

Many thanks in advance.

Thanks
Ashok[/url]

Posted: **Sun Nov 17, 2013 6:35 pm**

Using your numbering :-

Yes
No

As regards your link you are failing to take account of "they were born to parents who are British citizens by descent", and accordingly the section 3(5) route is not applicable to your daughter.

Posted: **Sun Nov 17, 2013 6:44 pm**

John wrote:Using your numbering :-

Yes
No
As regards your link you are failing to take account of "they were born to parents who are British citizens by descent", and accordingly the section 3(5) route is not applicable to your daughter.

Hi John,

Thanks for the response. But we would be British Citizen by descent by end of 2014 (after a year of ILR). Do you mean that both parents have to be Citizen at the time of birth? Actually it does not say that parents have to be british citizen at the time of birth.

Thanks
Ashok

Posted: **Sun Nov 17, 2013 6:56 pm**

See Q1 & Q3 in Citizenship FAQs - Common Questions - Read before posting - children.

The link you posted is irrelevant to your case. It is for children born abroad when one parent is British at the time of birth.

Posted: **Sun Nov 17, 2013 7:04 pm**

But we would be British Citizen by descent by end of 2014

Not so. Your applications for Naturalisation under section 6(1) will, if successful, result in British Citizenship otherwise than by descent!

When you make those Naturalisation applications, also make a section 3(1) application for your daughter to be Registered as British.

When that section 3(1) application is made, how old will your daughter be? Also, are there any other children you might be applying for?

Posted: **Sun Nov 17, 2013 9:09 pm**

John wrote:
But we would be British Citizen by descent by end of 2014
Not so. Your applications for Naturalisation under section 6(1) will, if successful, result in British Citizenship otherwise than by descent!

When you make those Naturalisation applications, also make a section 3(1) application for your daughter to be Registered as British.

When that section 3(1) application is made, how old will your daughter be? Also, are there any other children you might be applying for?

Thanks John for the detailed response. She will be 9 years old in 2015.

Let me make my case simple.

Can I apply for ILR now for me and spouse (without applying for her as her current Tier-1 Dependant Visa will expire in 2016)? And after a year of ILR (early 2015), can we apply for Citizen for all of us together (including my daughter - she will be on Tier-1 Dependant Visa) ?

Actually I want to save money for ILR application for my daughter, if possible.

Note: I will be applying for Citizenship of my little one born in UK (1 yr old) straight after our ILR. I don't think there will be any issue. If any, please let me know

Your detailed response would be appreciated.

Posted: **Sun Nov 17, 2013 9:15 pm**

Isn't that the same question you asked in your first post (question #2)? I believe it was answered twice already in this thread.

If you want to save money, wait with the registration of your UK born child until your born abroad child is eligible. There is reduced fee for children applying together.

Posted: **Sun Nov 17, 2013 9:39 pm**

Jambo wrote:Isn't that the same question you asked in your first post (question #2)? I believe it was answered twice already in this thread.

If you want to save money, wait with the registration of your UK born child until your born abroad child is eligible. There is reduced fee for children applying together.

Thanks Jambo. It is the same question, but rephrased. So, you are confirming that my India born daughter has to go through ILR path to be eligible for british citizen.

Posted: **Sun Nov 17, 2013 10:00 pm**

Correct. See 9.17.24.

Posted: **Tue Nov 19, 2013 12:39 am**

John wrote:
But we would be British Citizen by descent by end of 2014
Not so. Your applications for Naturalisation under section 6(1) will, if successful, result in British Citizenship otherwise than by descent!

When you make those Naturalisation applications, also make a section 3(1) application for your daughter to be Registered as British.

When that section 3(1) application is made, how old will your daughter be? Also, are there any other children you might be applying for?

Dear Moderator can u please explain one of my friend wife was pregnant in uk while her husband was on tier 1 general and she was her dependent unfortunately they both separated and she went back home where she gave birth to his son before the ILR of the husband after one year of child born abroad, the UK staying husband got ILR now husbands Naturalization application is in process but the couple is divorced with the child & wife living abroad

my question is can the husband apply for his son Citizenship after getting his own citizenship approved or as u advised above he should (also make a section 3(1) application for his Son to be Registered as British.) the son is aged 2 year .

I WILL BE REALLY THANKFUL OF YOUR RESPONSE

Posted: **Tue Nov 19, 2013 1:07 am**

Citizenship is subject to registration. Registration is subject to discretion.

Posted: **Tue Nov 19, 2013 11:03 am**

LIANA wrote: Dear Moderator can u please explain one of my friend wife was pregnant in uk while her husband was on tier 1 general and she was her dependent unfortunately they both separated and she went back home where she gave birth to his son before the ILR of the husband after one year of child born abroad, the UK staying husband got ILR now husbands Naturalization application is in process but the couple is divorced with the child & wife living abroad

my question is can the husband apply for his son Citizenship after getting his own citizenship approved or as u advised above he should (also make a section 3(1) application for his Son to be Registered as British.) the son is aged 2 year .

I WILL BE REALLY THANKFUL OF YOUR RESPONSE

It is very unlikely the born abroad child will be granted citizenship without living in the UK first.

Posted: **Tue Nov 19, 2013 7:09 pm**

Jambo wrote:
LIANA wrote: Dear Moderator can u please explain one of my friend wife was pregnant in uk while her husband was on tier 1 general and she was her dependent unfortunately they both separated and she went back home where she gave birth to his son before the ILR of the husband after one year of child born abroad, the UK staying husband got ILR now husbands Naturalization application is in process but the couple is divorced with the child & wife living abroad

my question is can the husband apply for his son Citizenship after getting his own citizenship approved or as u advised above he should (also make a section 3(1) application for his Son to be Registered as British.) the son is aged 2 year .

I WILL BE REALLY THANKFUL OF YOUR RESPONSE
It is very unlikely the born abroad child will be granted citizenship without living in the UK

Dear Jamboo plz tell what steps he should take to make his son British citizen even his wife is not cooperating with him , he is only 2 years old don't want to delay the process as it will be more difficult after . i believe there should must be any way which experienced person like you probably know better .
thanks

first.

Posted: **Tue Nov 19, 2013 9:00 pm**

LIANA wrote:Dear Jamboo plz tell what steps he should take to make his son British citizen even his wife is not cooperating with him , he is only 2 years old don't want to delay the process as it will be more difficult after . i believe there should must be any way which experienced person like you probably know better .
thanks

For the child to be able to apply for British citizenship, the child needs to be living in the UK. So first step would be for the child to move to live in the UK. From your description this is not likely to happen. The fact that the father became British doesn't give any rights to his children who were born before he became British.

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