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Dependant ILR or British Citizenship for Child?
Posted: Thu Feb 03, 2022 9:51 am
by Binoyjo
Hi,
My child who was born in India in Dec-2017, came here to UK in march-2018 and was on tier dependent on my wife. The tier2 dependent Visa was renewed for another 3 years expiring in Feb-2022. I received my ILR in 2018 and now I'm a british Ctizen, whereas my wife has got her ILR too. Now I need to understand if I need to go for a dependent ILR for my child or can I apply for British ctiizen since I have my British ctizenship. Please can someone help with this topic, apologies if this has been brought up before, i've tried looking and haven't found this topic.
Thanks,
Binoy
Re: Dependant ILR or British Citizenship for Child?
Posted: Thu Feb 03, 2022 11:56 am
by zimba
Children born outside the UK to non-British parents have NO entitlement to British citizenship. Your child can only be registered as British (via the discretion of the home office) if the child has ILR, one parent is British and the other one is at least settled. So you must apply for the child's ILR using form SET(F) or SET(O). When ILR is granted, use form MN1 to register the child as British
Re: Dependant ILR or British Citizenship for Child?
Posted: Sun Feb 06, 2022 1:37 pm
by Binoyjo
Ok understood, thankyou very much for the explanation.
Re: Dependant ILR or British Citizenship for Child?
Posted: Tue Feb 08, 2022 6:32 pm
by ToughLeo
Actually, you can apply for child Registration without applying for ILR, provided:-
> at least one parent is British or about to become British and the other is settled (ILR).
You have to apply under Section 3(1); apply at the discretion of the Home Secretary. There are quite few cases, which have been successful and hardly any, which have been unsuccessful. I am saying this from my own experience as I applied for my child without ILR and got registered as British.
There are couple of topics on this forum regarding this situation and they all have been positive. Also, see below link, where an applicant received response from Home Office with regards to this application.
https://www.whatdotheyknow.com/request/ ... _residence
Re: Dependant ILR or British Citizenship for Child?
Posted: Tue Feb 08, 2022 6:49 pm
by ToughLeo
ToughLeo wrote: ↑Tue Feb 08, 2022 6:32 pm
Actually, you can apply for child Registration without applying for ILR, provided:-
> at least one parent is British or about to become British and the other is settled (ILR).
You have to apply under Section 3(1); apply at the discretion of the Home Secretary. There are quite few cases, which have been successful and hardly any, which have been unsuccessful. I am saying this from my own experience as I applied for my child without ILR and got registered as British.
There are couple of topics on this forum regarding this situation and they all have been positive. Also, see below link, where an applicant received response from Home Office with regards to this application.
https://www.whatdotheyknow.com/request/ ... _residence
Also be aware that the applications under discretion of the Home Secretary will be dealt as case by case
Re: Dependant ILR or British Citizenship for Child?
Posted: Wed Feb 09, 2022 5:33 pm
by zimba
In most cases, ILR for such a child is needed unless there are strong compelling compassionate circumstances
.... you should normally only register a child under section 3(1) who has not been granted ILR or permanent residence where there are strong compelling compassionate circumstances to do so, taking into account any representations put forward as to why it is important for the child to become a British citizen now.
https://assets.publishing.service.gov.u ... 7.0ext.pdf