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Is ILR required for child of 2+yrs age before Naturalisation

Posted: Sun Jun 15, 2014 1:23 am
by ssvgopal
Hi All,

I have a query, if distinguished members could pls help clarify.

Immigration Status :
Me : Father :
-- entered UK in 2007 on HSMP till 2009
-- Tier 1 General extension in 2009 till 2012
-- ILR granted in Jun 2012
-- naturalised on July 2013
Wife :
-- my HSMP dependent visa from 2007 till 2009
-- granted extension on Tier 1 General dependent visa till July 2012
-- went to India in Jan 2011 for medical reasons and maternity
-- Applied as Dependent-spouse-visa on 28 June 2012. Was granted visa on first week of Sept 2012 - valid-till-first week of Dec-2014.
-- Arrived in UK on 1 Oct 2012, with my child.

Child : Child-dependent-of-settled-person from Sept-2012 till Dec-2014. (Her visa was granted on the mother's name)
-- Born before my ILR was granted.
-- Dependent of settled person visa from Sept 2012 till Dec 2014 (27 months)
-- Arrived in UK on 1 Oct 2012, with mother

Questions :
1. Wife and child had visited India during Jan-2013 and May-2013(4 months+) for marriages, and including my vacation plan.
Would this gap cause any hurdle in my wife's ILR due in Oct 2014?
2. Can I apply for my wife's ILR first, and then directly apply for my child's citizenship(without applying for ILR for them) immediately afterwards? Is there a mandatory rule for child(less than 10 yrs) to have ILR, before applying for naturalisation?
3. If not, do both mother and child have to apply ILR, and then the child can apply for citizenship later?

Please advise. I am trying to find the quickest way to get my child's citizenship done. We are ok with the mother retaining her ILR, and not going for citizenship.

Thanks in advance,
Sai

Re: Is ILR required for child of 2+yrs age before Naturalisa

Posted: Sun Jun 15, 2014 1:41 am
by vinny
1. Probably okay.
2. See also when can I apply citizenship for child on settlement visa.
3. Wife definitely requires ILR prior to naturalisation.

Re: Is ILR required for child of 2+yrs age before Naturalisa

Posted: Sun Jun 15, 2014 1:53 am
by ssvgopal
Thanks @Vinny

Regarding response to Question (2), is it mandated to have child ILR granted, before they can apply for naturalisation?
I am thinking I'll get my wife's ILR done on same day route, and if children can be eligible for naturalisation(both parents settled, and one parent is citizen), this should be grounds enough for naturalisation.
Is this correct?

Since the child is less than 10 yrs, they don't need to complete 3 yrs for eligibility to naturalise - this is my understanding.
Is this correct?

Wanted opinion of experts pls.

Re: Is ILR required for child of 2+yrs age before Naturalisa

Posted: Sun Jun 15, 2014 2:06 am
by vinny
If you read the given link, then you will see that it's not mandatory for an overseas born child to have ILR, as some have succeeded without one. But it may be safer if the child has ILR as well, as they expect it.

Re: Is ILR required for child of 2+yrs age before Naturalisa

Posted: Sun Jun 15, 2014 2:14 am
by ssvgopal
Thanks @Vinny.
It does indeed sound so. Apologies for my delay in understanding this.