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British Nationality for children with settled status but currently staying abroad

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

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melvinf
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British Nationality for children with settled status but currently staying abroad

Post by melvinf » Sun Dec 08, 2024 6:30 am

Hello,

I want to know how can I apply for British citizenship for my son whose 13 years old / born in India / has ILR ) and currently studying in India. Is there any time restrictions since he's out of the country (My family comes every 2 years back to the UK ). I am a British citizen and my wife has got her ILR also.

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secret.simon
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Re: British Nationality for children with settled status but currently staying abroad

Post by secret.simon » Mon Dec 09, 2024 11:09 pm

Caseworker guidance for Registration as British citizen: children wrote:Children applying in line with their parents

We recognise that a number of children apply for registration under section 3(1) at the same time as their parents apply for naturalisation. Such children have usually been living in the UK with the parents and have completed a period of lawful residence.

You must normally register where:

one parent is a British citizen or about to become one through registration or naturalisation
the other parent (if involved in the child’s life) is a British citizen or settled in the UK
the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 you can accept a shorter residence period, taking into account the age of the child)
the child is settled in the UK
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
Further down in the same document
Registering exceptionally under section 3(1)
...
Child’s future intentions

You must be satisfied that a child’s future is clearly seen to lie in the UK before you register them under this provision.

You should normally accept that a child’s future lies in the UK where this is stated in their application unless there is information to cast doubt on this, such as:

the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
the child is about to leave the UK
one or both parents are resident abroad
Registering a child born abroad is at discretion, not an entitlement, and can be refused.
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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