Citizenship Eligibility

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 4:30 pm

Hello Members,

I had received ILR on 08/NOV/2020 via 5 years on Tier2 G Route.
My dependents ( wife + 2 children) received ILR on 11/Feb/2021

Am I correct that first I need to apply for Neutralization and after its successful need to apply for the passport.
Based on the above dates I can apply only after 8/Nov/2021.

Can my dependent children(non UK born) apply for
1. Passport now
2. they have to wait for 1 year
3. can they apply along with me after 08/Nov/2021

After I get BC, is there any absence relaxation allowed for wife BC on either 5 years (540 days absence) or 3 yrs route (270 days absence)

Can we use the B1 Level exam used for ILR to prove ' Knowledge of English ' even if has expired after 2 years or have to reappear for the exam

Thanks,
Kumar

Post by **alterhase58** » Thu Feb 11, 2021 4:42 pm

kumar84 wrote: ↑
Thu Feb 11, 2021 4:30 pm
Hello Members,

I had received ILR on 08/NOV/2020 via 5 years on Tier2 G Route.
My dependents ( wife + 2 children) received ILR on 11/Feb/2021

Am I correct that first I need to apply for Neutralization and after its successful need to apply for the passport.
Based on the above dates I can apply only after 8/Nov/2021. Correct - after completion of 12 months.

Can my dependent children(non UK born) apply for
1. Passport now No - they need to be registered first (Form MN1), once approved they can apply for a passport.
2. they have to wait for 1 year No - can apply now to be registered.
3. can they apply along with me after 08/Nov/2021 Yes

After I get BC, is there any absence relaxation allowed for wife BC on either 5 years (540 days absence) or 3 yrs route (270 days absence) Once you are British your wife can apply immediately, qualifying as spouse of BC on 3 years route. No concessions as such, it's an individual application, there is no dependent or family application.

Can we use the B1 Level exam used for ILR to prove ' Knowledge of English ' even if has expired after 2 years or have to reappear for the exam Yes you can rely on the b1 test for ILR, your wife as well.

Thanks,
Kumar

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 4:49 pm

Dear alterhase58 , Thanks for your quick response.

So I don't need to wait for 1 year to get BC for my childern.

Is this an online application form (can you share the link) , Because I only see a physical form ? Are there any maintenance fund or other requirement for this?

Regards,
Kumar

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 4:56 pm

Sorry also the guidance https://assets.publishing.service.gov.u ... -Jul19.pdf

says below (but are different circumstances to mine) :

• section 3(1) child whose parents are applying for British citizenship
• section 3(2) birth abroad to parents who are British by descent and have lived in the UK or a British overseas territory
• section 3(5) birth abroad to parents who are British by descent but are now living in the UK or a British overseas territory

The are born abroad and the parent just hold ILR and are not apply for BC now.

Am I missing something

Regards,
Kumar

Post by **CR001** » Thu Feb 11, 2021 5:19 pm

It is a section 3(1) application for children born abroad.

In the online form, it is the "other" option.

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 5:42 pm

Thanks CR001

This is the correct line https://visas-immigration.service.gov.uk/product/mn1?

Is there any requirement for child or both parent to be present on that day before x years to be physically present in the UK (as we have for adult applicant )

When the application is submitted are they allowed to travel outside UK ?

After they are registered I will need to apply for British Passport. I read sometime ago that Child would be allowed to keep birth country and UK passport till they are 18, and after 18 they could decide which one to keep. Is this true.

Thanks,
Kumar

Post by **CR001** » Thu Feb 11, 2021 5:46 pm

This is the correct line https://visas-immigration.service.gov.uk/product/mn1?

Yes, however when you apply in November, your form will have an option to add them as applicants. They don't qualify to apply now.

Is there any requirement for child or both parent to be present on that day before x years to be physically present in the UK (as we have for adult applicant )

For parents applying yes, children no.

When the application is submitted are they allowed to travel outside UK ?

Yes.

After they are registered I will need to apply for British Passport. I read sometime ago that Child would be allowed to keep birth country and UK passport till they are 18, and after 18 they could decide which one to keep. Is this true.

Not true. Once you formally and willingly register them as British, they lose their Indian nationality. The rule you refer to above applies only to children born to a parents where one is British and one is Indian.

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 5:54 pm

Thanks CR001.

This is now clear.

I clearly misunderstood and thought the children can apply now. I see that they will have to wait till I apply in November 2021

" For parents applying yes, children no. "
Is this applicable to both (wife and I ) even though she does not apply during November 2021.
My wife would not be eligible till 2024 as she has been away for continuous period between June 2019 to Sep 2020.

Regards,
Kumar

Post by **CR001** » Thu Feb 11, 2021 5:57 pm

The physically present requirment applies to all adults applying. It is a mandatory requirement and there is no discretion.

kumar84 · Post by **kumar84** » Thu Feb 11, 2021 6:06 pm

Sorry CR001 I did not mean that.

What I meant was when I register for children using MN1 along with my application in late November. Will my wife non presence during x date or not meeting 540 /270 days requirement impact child’s BC?

I will apply for my wife’s in 2024

Thanks,
Kumar

Post by **CR001** » Thu Feb 11, 2021 6:07 pm

kumar84 · Post by **kumar84** » Thu Feb 25, 2021 10:20 am

Hello CR001, Members,

Request your advice on the below queries,

1. For non UK born child can they register on MN1 as sole applicant after they complete 1 year on ILR if I don't include them in mine/spouse applicaiton?

2. Under section : 'Details of your Partner' >> If you were previously married or in a civil partnership, give:
they asked for details of x's personal details and whereabouts which I am unsure, how to fill in this section?
Can I skip this section if I don't wish to answer ?

4. For 'Total number of days absent ' does the departure and arrival date included as absence?

Spouse Application under 6(2) 3 years

I am working out the earliest my wife could apply and going through AN Naturalization Guidance ,

https://assets.publishing.service.gov.u ... ber_20.pdf

In page 11.
[/b]

: Untitled.png (46.5 KiB) Viewed 1216 times

They have mentioned absence of upto 450 days is normally disregarded only if:

• you meet all other requirements
>>> Is this reference to English /LIUK & Good character requirement ?

• you have established your home, family and a substantial part of your estate here.
>>> How do we prove this ? Is it like House Rental agreement ? Child school letters ?

Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.

2016 : 60 days
2017 : 0 days
2018 : 265 days
2019 : 211 days ( 32 days : 11 Jan to 11 Feb & 179 days : 04 July to 21 Dec)
2020 : 268 days

Assuming I get my certificate by Feb 2022 can I apply for wife's naturalization under 6(2) between 12 Feb 2022 & 1 July 2022.
1. 3 years from 12 Feb 2022 is 12 Feb 2019 and she was present in the UK
2. Cleared LIUK
3. Cleared B1 Level exam in Sep 2020

Does she qualify under 'upto 450 days' exception ? And is she considered a resident in the UK for last 4 years with the above absence?

Kindly advice.

Thanks,
Kumar

kumar84 · Post by **kumar84** » Thu Feb 25, 2021 8:03 pm

Dear members, CR001, vinny, secret.simon, CUILLINAN ,

Can you kindly guide me on the below queries.

Thanks,
Kumar

kumar84 wrote: ↑
Thu Feb 25, 2021 10:20 am
Hello CR001, Members,

Request your advice on the below queries,

1. For non UK born child can they register on MN1 as sole applicant after they complete 1 year on ILR if I don't include them in mine/spouse applicaiton?

2. Under section : 'Details of your Partner' >> If you were previously married or in a civil partnership, give:
they asked for details of x's personal details and whereabouts which I am unsure, how to fill in this section?
Can I skip this section if I don't wish to answer ?

4. For 'Total number of days absent ' does the departure and arrival date included as absence?

Spouse Application under 6(2) 3 years

I am working out the earliest my wife could apply and going through AN Naturalization Guidance ,

https://assets.publishing.service.gov.u ... ber_20.pdf

In page 11.
[/b]Untitled.png

They have mentioned absence of upto 450 days is normally disregarded only if:

• you meet all other requirements
>>> Is this reference to English /LIUK & Good character requirement ?

• you have established your home, family and a substantial part of your estate here.
>>> How do we prove this ? Is it like House Rental agreement ? Child school letters ?

Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.

2016 : 60 days
2017 : 0 days
2018 : 265 days
2019 : 211 days ( 32 days : 11 Jan to 11 Feb & 179 days : 04 July to 21 Dec)
2020 : 268 days

Assuming I get my certificate by Feb 2022 can I apply for wife's naturalization under 6(2) between 12 Feb 2022 & 1 July 2022.
1. 3 years from 12 Feb 2022 is 12 Feb 2019 and she was present in the UK
2. Cleared LIUK
3. Cleared B1 Level exam in Sep 2020

Does she qualify under 'upto 450 days' exception ? And is she considered a resident in the UK for last 4 years with the above absence?

Kindly advice.

Thanks,
Kumar

Post by **secret.simon** » Thu Feb 25, 2021 8:26 pm

kumar84 wrote: ↑
Thu Feb 25, 2021 10:20 am
1. For non UK born child can they register on MN1 as sole applicant after they complete 1 year on ILR if I don't include them in mine/spouse applicaiton?

Unclear what you mean by that.

Children born abroad are expected to have ILR before applying to register as British citizens (there are also other requirements). So they should be included on the ILR application of the second parent applying for ILR.

In addition to having ILR, children born abroad are expected to have at least one parent who is either already a British citizen or is applying to become a British citizen at the same time.

So effectively the minimum requirements are that both parents and the child should have ILR and one of the parents is either already a British citizen or applying to become one.

Does that answer your question?

kumar84 wrote: ↑
Thu Feb 25, 2021 10:20 am
4. For 'Total number of days absent ' does the departure and arrival date included as absence?

No. Only whole days outside the UK count as an absence.

kumar84 · Post by **kumar84** » Fri Feb 26, 2021 10:01 am

Hi secret.simon,

Thanks for your reply. You have answered to the point.

Can you clarify (there are also other requirements). in the below post refers to BC application. They already hold an ILR now.

secret.simon wrote: ↑
Thu Feb 25, 2021 8:26 pm

Children born abroad are expected to have ILR before applying to register as British citizens (there are also other requirements). So they should be included on the ILR application of the second parent applying for ILR.

Any advice on the absence query ?

Thanks,
Kumar

Post by **secret.simon** » Sat Feb 27, 2021 6:31 am

For a start, the very next line in my earlier post.

secret.simon wrote: ↑
Thu Feb 25, 2021 8:26 pm
In addition to having ILR, children born abroad are expected to have at least one parent who is either already a British citizen or is applying to become a British citizen at the same time.

Children over the age of 10 are also expected to meet the good character requirements, while those over the age of 13 are expected to have resided in the UK for at least 2 years.

kumar84 · Post by **kumar84** » Sat Feb 27, 2021 11:35 am

Thanks secret.simon.

At the time of application they will be under 5 years. So think it would be straight forward for them. right?

Any advice on absence limit of 450 days for wife’s BC after I get my BC.

Regards,
Kumar

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