spouse (F-years route) dependent child citizenship

[michel76]

Dear Team,
My wife is in the UK on the spouse 5-years route, she is in her second half (by the end of which she will be eligible to apply for ILR). My child who was born outside the UK is her dependent in the same time frame.

I have four questions:
My wife's foreign passport will expire soon. We tried to renew it and we were told that she needs to travel to our home country (Syria) in order to do that. She can't travel back because she is worried that she will get stuck there.
1- Does she definitely need a current passport on time of application (even though she hasn't left the UK since arrival)?
2- if she can't get a current passport what are the alternatives?

3- can I apply for citizenship for my son independent from his mother by the end of his 5 years continuous stay in the UK?

4- does he also need a valid passport?

Thank you very much

[CR001]

1.She needs a valid passport to apply for ILR.

2. Maybe a travel document from HO?? But not sure if this will work.

3. No. Child will follow the same path as mother and require ILR first.

4. Yes.

[michel76]

Thank you very much

[michel76]

Hi,
I spent the last 4 hours looking for any wording in the documents on the home office website and in the guidance but I couldn't find any reference to the need of a valid passport.
Are you definite that it is a requirement?
I looked at the home office travel document website and it appears to be needed only in case of travel

She does have a residence permit, wouldn't that be sufficient?

Thank you

[CR001]

Page 6 of the Set M Guidance notes states a valid passport is required. She needs a valid passport to do the LIUK and English test.

https://webarchive.nationalarchives.gov ... 8-2017.pdf

[michel76]

Thank you
I checked that now and it says:
provide a valid passport, national identity card or travel document;

does that mean if she has an expired passport but she has an ID from Syria will that be sufficient?

[michel76]

Dear Moderator,
When my wife gets her ILR on the 5 years spouse route, How long does she need before being able to apply for citizenship?
Does that differ for my 11 years old child?
Thank you

[CR001]

Dear Moderator,
When my wife gets her ILR on the 5 years spouse route, How long does she need before being able to apply for citizenship?
Does that differ for my 11 years old child?
Thank you

They can apply immediately if you are British and they meet the requirements.

[michel76]

Dear Moderator,
Thank you very much for your helpful and prompt replies
I wonder if you could confirm this one for me:

I checked the guidance notes and it says:
provide a valid passport, national identity card or travel document;

does that mean if she has an expired passport but she has an ID from Syria will that be sufficient?


Kind Regards

[michel76]

Dear Team,
I was looking into Set (M) form (online application) for my partner who is on 5 years route (she will be applying for ILR now)
our son is 12 and is her dependent on her and his last card

on the form info it says that my partner could apply for her child

I thought my child will be able to apply for citizenship (rather than ILR) in the same time that my partner applies for ILR
is that true?
and if it is, how to indicate that in both forms (the set (M) application for my partner and the citizenship application for my child?
Kind regards
Mike

[CR001]

Topics merged.

The advice regarding your child, previously given, has not changed. Child needs ilr first before they can register as British.

Skipping ilr and applying for citizenship directly only applies to children born within the UK before either parent obtained ilr. Or if you are British by descent (born abroad to British parents(, and the child has lived in the UK for at least 3 years.

[Amber]

Dear Team,

My 11 years old child was born outside the UK. He finished his fifth year in the UK on July 2019

he is on a spouse dependent visa.

could he apply straight for citizenship at five years or does he need to wait till my spouse gets her ILR?

Thank you

As a child born outside the UK, assuming you were not British at that time, would need to wait until they have settled status and that one parent is British and the other is settled, that’s for an application under s. 3(1) BNA 1981.

[michel76]

thank you very much

Yes I was not a British citizen at the time

His permit expire in the same time as his mother's.
His mother is planning to apply for ILR in 8 month or so.
Could we wait till his mum's application is processed and ILR is granted to her then apply for his citizenship?
Or do we have to apply for ILR for both (to avoid being over the limit of stay with an expired permit for him)?

Thank you very much again and I hope you had a merry Christmas

[CR001]

The child needs ilr first before he can apply for citizenship, as has been advised numerous times now.

You will need to apply for mother and child when the mother qualifies for ILR.