Immigrationboards.com

Dear All,

Current Situation
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Main migrant is now a British citizen (via PBS route: Tier 1 General --> ILR --> Naturalization).
Partner, the PBS dependent will be eligible in coming months to apply for ILR (via 5 years route).
Two children: both are under 18 years old and are now PBS dependents.
First child was born outside the UK when the main migrant was in Tier 1 General visa.
Second child was born outside the UK when the main migrant was in ILR.

Requests for Clarification
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1. Will the children be eligible for naturalization directly after the PBS partner gets ILR (as at this point, one parent will be on ILR and the other parent is British citizen already)?

2. The PBS Partner and the children have the current leave valid until the middle of 2020, so it is possible for the children to wait until the partner gets Naturalization (one year after ILR). But will the children be eligible for naturalization directly after the PBS partner gets the citizenship (as both parents will be British at this point)?

3. Or must the children follow the PBS partner's path (i.e. ILR and then Naturalization)?

Looking forward to your thoughts.

Many Thanks.

1. Will the children be eligible for naturalization directly after the PBS partner gets ILR (as at this point, one parent will be on ILR and the other parent is British citizen already)?

Children follow the same path as you parter. Once your parter get ILR she/he can apply for naturalization soon after that since you're british citzen. She'll NOT have to wait for a year (this follows same for your kids)

Thank you makky86 for the quick response.

I didn't know that there is no need of 12 months of ILR status prior to apply for naturalization; would you be able to help me by pointing to a document / link which says so please? Also what is the residence requirement in terms of number of absences in this case?

Many Thanks.

user_name wrote: ↑

Fri Dec 29, 2017 4:27 pm

Thank you makky86 for the quick response.

I didn't know that there is no need of 12 months of ILR status prior to apply for naturalization; would you be able to help me by pointing to a document / link which says so please? Also what is the residence requirement in terms of number of absences in this case?

Many Thanks.

https://www.gov.uk/becoming-a-british-c ... sh-citizen

There is no absense limit on pbs dependants to obtain ILR as per current rule which are changing post 11th Jan 2018 but won't applicable to current applicants.

Thank you, much appreciated.

user_name wrote: ↑

Fri Dec 29, 2017 3:04 pm

Main migrant is now a British citizen

If you are married to (or in a civil partnership with) the main migrant, you and the children can apply directly for British citizenship after you and the children have got ILR. No need to wait for a year.

On the other hand, if you are the unmarried partner of the British citizen, you will have to wait for one year from the date of the ILR grant. Your children can acquire ILR with you and then immediately apply for registration under Section 3(1), as one parent will be a British citizen and the other on ILR (assuming they meet the requirements for their age, which are not mentioned in your post).

Thank you. (We are married).