Children Born to Parents with ILR

[tintin]

Hello, I wonder if someone can please help me.

Me and my wife were granted indefinite leave in March 2010.

Our baby was born on 13.10.10.

Do we need to register the baby as a british citizen using form MN1 or can we directly apply for a british passport for the baby?

[geriatrix]

Where was the child born? In the UK or overseas?


regards

[tintin]

Hi Sushdmehta, the baby was born in the UK.

I have just figured out from the guidance notes to form MN1 that he is automatically a British citizen as he was born in the U.K. to parents settled in the U.K.

I take it that we do not have to register him!

If thats the case can we strightaway apply for his British passport on the basis of his U.K. birth certificate and my/my wife's passport ?

[vinny]

Yes.

[geriatrix]

Yes, the child is British. Apply for British passport.


regards

[tintin]

Thanks Vinny, thats one issue sorted.

Now I have some confusion with regards to applying for Naturalisation for myself and my wife.

My immigration history is as follows:

1. I started working in the UK in January 2005. I was on work permit.
2. I got married in Dec 2006 and my wife joined me in the UK in January 2007. She was here as a work permit dependent.
3. In march 2010, both of us were granted indefinite leave to remain.
4. I understand that I will be eligible to apply for naturalisation in march 2011 as i will complete the requirements i.e. 5 years WP + 1 year ILR.
5. Since my wife has only lived in the UK for 3 years before getting her ILR, I am wondering if she is eligible to apply at the same time as me?
6. If she cannot apply at the same time, then how will she ever complete the 5 years qualifying period as the time spent on ILR is not counted? I am confused here, please advise.

[JulesN19]

You are correct that you should be able to apply in March 2011.

Your wife will not be able to apply at the same time. She will not meet the five year residence requirement.

Someone who is married to a British citizen may apply if they have ILR and have lawfully resided in the UK for three years (in addition to meeting such other requirements as good character and sufficient knowledge of English and life in the UK). For your wife to apply on this basis, you must be a British citizen when she applies. You will not be a British citizen until after you have completed the naturalisation process. For this reason, your wife should apply after you have been given a naturalisation certificate.

Click here for the criteria that will apply to an application that you make in March 2011 after the anniversary of the grant of your ILR. Click here for the criteria that will apply to an application that your wife makes immediately after you are naturalised.

[tintin]

Jules, thanks.

I did think about this, but does the 3 year rule not mean that someone has to be married to a British citizen for 3 years. i.e. should I have been a British citizen at the time of our marriage for my wife to be able to apply under the three year rule?

or does the rule simply means - the applicant should be the spouse of a british citizen at the time of applying, irrespective of when the other partner became a citizen?

[JulesN19]

Jules, thanks.

I did think about this, but does the 3 year rule not mean that someone has to be married to a British citizen for 3 years. i.e. should I have been a British citizen at the time of our marriage for my wife to be able to apply under the three year rule?

or does the rule simply means - the applicant should be the spouse of a british citizen at the time of applying, irrespective of when the other partner became a citizen?

The latter is correct. You simply must be British citizen by the time she makes the application, married to her as of the application date, and capable of documenting this. Even if she submits her application the day after your naturalisation ceremony, your naturalisation certificate and marriage certificate will be enough for her application to be on the basis of her status as the spouse of a British citizen.

[tintin]

Thanks Jules, I have all the answers now.

[tintin]

Hello Guys,

I am confused with one more point with regards to applying for naturalization.

This is with regards to the requirement of being physically present in the UK eaxctly 5 years before the application is received by the HO. The HO calls these 5 years as residential qualifying period.

As mentioned earlier my immigration history is -

1. Started working on a WP on 30th January 2005.
2. was away from the UK from 18.03.05 to 04.04.05 - for approx 18 days.
3. I obtained my ILR in March 2010. The date on the stamp is 18th March.
4. Now I understand that I will be eligible to apply for naturalization on 18th March 2011.

Now the question is -

If I apply on the 18th March 2011, which one of these would the Home Office be interested in -

1. My presence in the U.K. on 19.03.2005. I was not in the UK on this date.
2. My presence in the U.K. on 19.03.2006 - I was in the U.K. on this date.

I am getting confused because I am not too sure if the residential qualifying period includes the 1 year I will have spent on ILR (which is exempt from immigration control !)

basically i want to know if I can apply on 18.03.2011 or should I wait until 04.04.2011?

I hope I have framed the question properly and it makes sense !

[geriatrix]

2. My presence in the U.K. on 19.03.2006 - I was in the U.K. on this date.

regards

[tintin]

Thanks Sush, I take it that I can apply on 18.11.2010.

But then what does UKBA mean by - Any time spent in the UK which was free from immigration control will not be counted towards the residential qualifying period. Does having an ILR not mean that I am free from immigration control since march 2010 and hence all this time will not be counted towards calculating the 5 years qualifying period?

[geriatrix]

"Exempt from immigration control" may be different in meaning from "Free from immigration control", by virtue of context.

The statement is in context of people like diplomats, UN employees etc. who live and work in the UK but are exempt from immigration control.


regards

[tintin]

Thanks Sush. I will now stop applying my mind too much ! I will apply on 18th march next year.