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british citizen ship
Posted: Sun Jun 05, 2011 11:24 pm
by SAL1
My wife is british national by descent . We as a family(one kid and parents) got the Indefinite leave to Enter/ Remain visa and intend to go to uk. Currently i dont have a job in uk and my current job here in abroad is well rewarding. Pls advise if my wife and the kid who is turing 15 get settled in uk , will my kid be eligible to get the british citizenship after spending three years (By then he will be 18 and already have spend three years in uk) while while I keep working abroad and visit my family frequently and maintian my financial ties in uk .
Is it correct that if either of one parent keep living with the child in uk the child case for british citizen hopefully is not affected
Posted: Sun Jun 05, 2011 11:45 pm
by geriatrix
The fact that you'll not be settled (ordinarily resident) in the UK may affect your child's eligibility to register as a British citizen under
section 3(1).
9.17.9 Citizenship and immigration status of the parents wrote:We should normally expect that:
•
at least one parent is a British citizen; or
• one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);
and
•
the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
•
whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.
Chapter 6 -> Annex F wrote:33.1 A person is settled in the United Kingdom if, subject to the exceptions described in 33.3 below, he or she:
• is not subject under the immigration laws to any restriction on the period for which he or she may remain; and
• is ordinarily resident in the United Kingdom.
british citizen ship
Posted: Tue Jun 07, 2011 4:11 am
by SAL1
What does ordinarily resident means? Infact my intention is to keep my ties with uk by investing in propoerty and pay taxes as required. Also, my family will remain there. I asked the ukba help line they somehow replied that even if me as a husband of british national wife remains abroad it will not affect the naturalization process of my child (after three year period)
Pls guide me because i 'm getting different answer for the same question
Posted: Tue Jun 07, 2011 5:07 am
by vinny
SAL1 wrote:My wife is british national by descent
Child may be
entitled to register under 3(
2) or
3(
5).