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Child citizenship - 90 day rule

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

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thekryptonite666
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Child citizenship - 90 day rule

Post by thekryptonite666 » Tue Feb 13, 2024 5:28 am

Hi all - grateful for a reply to the specific situation, I searched but could not find an answer.

I obtained my British citizenship in May 23. My son and wife obtained their ILR in Aug 23.

My wife and son have spent more than 90 days outside UK in the last 12 months - so I was planning to wait a few months till they meet this criteria.

Can I check if I can apply for my son in the interim and later for my wife ? Does the child also need to have met the 90 day rule ? He was born outside the UK.

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alterhase58
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Re: Child citizenship - 90 day rule

Post by alterhase58 » Tue Feb 13, 2024 5:54 am

The absence rules for adults don’t apply to children. Yes you can register child under MN1.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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contorted_svy
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Re: Child citizenship - 90 day rule

Post by contorted_svy » Tue Feb 13, 2024 6:48 am

T=You can register your son via MN1 independently of your wife. could you specify exactly how many days they spent outside the UK (and how many days she spent abroad in the last 3 years if applying as your spouse)?
All advice comes from personal research and experience and should not be regarded as professional opinion.

thekryptonite666
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Re: Child citizenship - 90 day rule

Post by thekryptonite666 » Tue Feb 13, 2024 6:55 am

Hi contorted - in the last 12 months, my wife / son would have spent about 100 days outside UK.

In the last 3 years, it should be about 60-100 days each.

thekryptonite666
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Re: Child citizenship - 90 day rule

Post by thekryptonite666 » Tue Feb 13, 2024 6:56 am

alterhase58 wrote:
Tue Feb 13, 2024 5:54 am
The absence rules for adults don’t apply to children. Yes you can register child under MN1.
Can you apply MN1 on a standalone basis - after one parent is naturalised but not the other one ?

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alterhase58
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Re: Child citizenship - 90 day rule

Post by alterhase58 » Tue Feb 13, 2024 6:59 am

thekryptonite666 wrote:
Tue Feb 13, 2024 6:56 am
alterhase58 wrote:
Tue Feb 13, 2024 5:54 am
The absence rules for adults don’t apply to children. Yes you can register child under MN1.
Can you apply MN1 on a standalone basis - after one parent is naturalised but not the other one ?
Yes it’s done on a regular basis. Children can be registered by themselves. They don’t have to apply with parents.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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contorted_svy
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Re: Child citizenship - 90 day rule

Post by contorted_svy » Tue Feb 13, 2024 7:53 am

thekryptonite666 wrote:
Tue Feb 13, 2024 6:55 am
Hi contorted - in the last 12 months, my wife / son would have spent about 100 days outside UK.

In the last 3 years, it should be about 60-100 days each.
Could you please specify exactly the number of absences? Your wife is close to the number that normally gets disregarded but to determine it the exact number is needed
All advice comes from personal research and experience and should not be regarded as professional opinion.

thekryptonite666
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Re: Child citizenship - 90 day rule

Post by thekryptonite666 » Wed Feb 14, 2024 9:08 am

Hi - the exact days for my spouse are 106 days.

So - grateful for thoughts for the following.

1. do you think I should apply for my wife and son together given my wife's absences. Is there enough precedence for 106 days to be okay - or does it make sense to be safe and wait for 90 days

2. can you confirm if I'm okay to apply for my son standalone - the reason I ask is - the only option I'm eligible to select in the online application is "child applying in line with parents" - I have already got my citizenship and my wife is not applying yet in this case. So strictly - can I choose this option ?

See options I have to select in the application

Choose which category to apply under.
You are a child under 18 and:
You were born outside the UK
One or both of your parents is applying for British citizenship

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contorted_svy
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Re: Child citizenship - 90 day rule

Post by contorted_svy » Wed Feb 14, 2024 9:39 am

from the official guidance https://assets.publishing.service.gov.u ... t_2023.pdf page 14
Total number of absences normally disregarded only if all other
requirements are met and

you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your estate.

101 – 179 days

If your wife provides this evidence (thorugh eg employment letter, tenancy agreement, mortgage statement, letter from school that your child is enrolled in a UK school, and your marriage certificate) AND she respects all other requirements, child and wife can apply at the same time. How many days did she spend outside of the country in the last 3 years (if applying as spouse) or 5 years (if applying on her own merit)? Other members may comment on suitability for child to apply on their own.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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