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ILR for Child born outside UK

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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ytrivedi
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ILR for Child born outside UK

Post by ytrivedi » Mon Aug 02, 2021 1:45 pm

Hi There,
I have got UK Citizenship around 2 years back & my wife has received ILR as a dependent

Just want to check if I have to apply for ILR for my Children born outside UK or then can directly apply for UK citizenship with my Wife?

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CR001
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Re: ILR for Child born outside UK

Post by CR001 » Mon Aug 02, 2021 2:04 pm

They need ILR first.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ytrivedi
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Re: ILR for Child born outside UK

Post by ytrivedi » Mon Aug 02, 2021 3:14 pm

CR001 wrote:
Mon Aug 02, 2021 2:04 pm
They need ILR first.
I am planning to apply for British Citizenship for my Wife First & Once both the parent (myself & my wife) have "British Citizenship" then my Children has to go through ILR Process or they can directly apply for British Citizenship?

secret.simon
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Re: ILR for Child born outside UK

Post by secret.simon » Mon Aug 02, 2021 3:19 pm

Children born outside the UK are expected to have ILR before registering as British citizens, unless there are strong compelling compassionate circumstances for them not to have ILR before the registration.
Registration of children as British citizens caseworker guidance wrote: Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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