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Citizenship application for children
Posted: Sun Jun 26, 2011 9:31 pm
by Nagoor
Good Day,
I am an Indian Citizen, currently in the UK with ILR status. I will be eligible to apply for UK citizenship in December 2011.
My wife and two boys are in India. I am planning to apply for dependent settlement visa to come to the UK. I assume my wife will be initially given a 27 month resident visa and once she is in the UK and completes the life in the UK test she would be eligible for ILR.
As my wife’s initial visa will be only for 27 months, my two children’s visa duration is also expected to be of same duration.
(1) In this situation my query is
(a) whether my children (year of birth 1999 and 2001, i.e. aged 12 and 10) could apply for citizenship along with my citizenship application in December 2011 (considering they and their mother would not have ILR and their resident visa would be valid only for a limited (27 month) period)?
(b) If yes, what form do they use? Is it MN1
(c) Under which section of the British Nationality Act 1981 this will be considered.
(2) In the event their arrival in the UK for settlement is dealyed and by this time i have already obtained UK citizenship.In this situation my query is
(a) When could my children (aged 12 and 10) apply for the UK citizenship?
(b) How could they apply for UK citizenship? Could they apply from India or they have to be in the UK to apply for the same?
(c) What forms should they use to apply for the UK citizenship (if they are applying from outside the UK or inside the UK)
(3) Is it better to apply for their settlement visa for my boys after i get my citizenship..any advice is highly appreciated
Thanks in advance for forum members and moderators
Posted: Sun Jun 26, 2011 10:59 pm
by vinny
If they were born outside the UK, then it will be
Subject to discretion (
3(1)).
Better to apply for settlement visas as soon as possible.
Click on links for details.
Posted: Wed Jun 29, 2011 5:39 pm
by Nagoor
Thanks for the advice.
I would like to know which option is easy (and not complicated).
(a) me getting UK citizen and then apply for my children citinship or
(b) bring them here on settlement visa now and then apply for their citizenship along with mine in December 2011.
Is there a minimum residency period (3 years or so) for children less than 13 years.
Appreciate forum members views
Posted: Wed Jul 27, 2011 7:19 pm
by Nagoor
If i apply for naturalisation of my children (who will be in the UK with a limited period residency visa), along with my application in Dec 2011, will they be granted naturalisation?
Or they have to spend any minimum period before applying for naturalisation.
Posted: Fri Feb 24, 2012 11:02 am
by vinny
Nagoor wrote:I applied for citizenship along with my two children. I have been granted naturalisation, while the application for two children is rejected. I brought my family to the UK for settlement after I have been granted ILR (last year). My wife and children have been issued ILE (as they applied from outside the UK). All of them came to settle in the UK 5 months ago and children are under going schooling in the UK. As my citizenship application was due, I took the opportunity to apply for citizenship registration for my two children along with that of mine. My wife will have to wait 2 years before her time citizen application.
The reason for rejection is given below
Ahamed Rajaa
The registration of minors under this provision is at the Secretary of State’s discretion. In relation to the application made for Ahamed Raja , normally minors will not be registered if, as appears in this case, he is over 13 years of age and has not been resident in the UK for 2 years prior to application.
The date of birth of Ahamed Rajaa is 15/02/1999. The date of application (received and accepted by UKBA) is 20th Jan 2010. At that date Ahamed Raja has not yet reached 13 years. The letter of rejection is dated 19th Feb 2012, so I presume UKBA has considered the application after 15th Feb, when Rajaa has reached 13 years. Hence my question is whether it right for UKBA to reject the application on the basis of age on the date of reviewing the application. It is common to consider the application based on the date at which it is received and not on the date of review. What could I do in this situation? Can I writer back to UKBA and request a review. Considering that 3(1) is given at the discretion of the Secretary of State; is there any appeal (within UKBA) or legal process available to me.
Faraj Ahamed
In relation to the application made for Faraj Ahamed, Paragraph 9.15.19 of chapter 9 of the Nationality Staff Instruction states that:
“The length of residence in the United Kingdom is less important for children under 13. If we are satisfied that their future lies here, and that registration would otherwise be appropriate, we need not normally take into account the length of residence here. There will be plenty of time for the children to establish their own personal connections with the United Kingdom before they become adults”.
As the Secretary of State is not satisfied that the registration of Faraj Ahamed Monnapillai Ahamed would otherwise be appropriate now, she is not prepared to disregard the requirement for Faraj Ahamed Monnapillai Ahamed to have two years residence in the United Kingdom.
The DOB of Faraj Ahamed is 18/12/2001, and I presume that he has been correctly considered as children under 13, for whom there is no requirement for a minimum stay period specified in the guidance. The Staff instruction clearly states, that the duration of stay is less important for children under 13 and there is no requirement for 2 years stay. I am not sure why the letter states that secretary of state is not prepared to disregard the requirement to have two year residency period in the UK, while there is no requirement to have a 2 year residency for under 13 children.
The reason for considering the application to be not appropriate at this point of time was not given in the letter. What is the option available to me in this situation
I also noted that the guidance section, 9.17.4 for children in the UK states that
“In most cases the child's future is straightforward and self-evident. We should normally accept that the child meets this criterion if: future intentions are confirmed on the application form; and the residence criteria in 9.17.17-9.17.29 are met; and the child has an established home here”.
Appreciate if you could advice on the course of action I could take to enble my two children to get citizenship.
Thanks in Advance
Nagoor
Posted: Fri Feb 24, 2012 11:06 am
by vinny
Date of application / date of consideration
Posted: Sat Feb 25, 2012 2:33 pm
by Nagoor
Is there any law or guidance on whether the application will be considered based on "date of application" or "date of consideration of application".
My thinking is that the normal procedure is to consider the application based on date of application. as the time taken for reviewing the application by UKBA is not known.
Any guidance please
Posted: Sun Feb 26, 2012 10:34 pm
by Jambo
It's the date the application is received by the HO. See
6.3.4.
However, in your case, I don't think it will matter as the HO rejected the youngest child application as well.