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Getting advice on applying citizenship for Child born outside uk,Section 3(1)

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

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AdviceSeeker101
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Joined: Mon Sep 30, 2024 12:03 pm
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Getting advice on applying citizenship for Child born outside uk,Section 3(1)

Post by AdviceSeeker101 » Mon Sep 30, 2024 12:18 pm

Hi everyone,
I has a question regarding to applying citizenship for my son who was born outside UK in 2020. I see the Children applying in line with parents guidline which applicable for us
Children applying in line with parents
Children will come within this category if:
• 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
(“settled” usually means that the parent has indefinite leave to remain 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 we can accept a shorter residence period, taking into account the age of
the child)
• the child is settled in the UK
• both parents give their consent to registration (unless good reasons are
provided)
• there is no reason to refuse on character grounds.
(https://assets.publishing.service.gov.u ... y+2024.pdf)
(https://assets.publishing.service.gov.u ... ildren.pdf)
My question is what does " settled" mean by "the child is settled in the UK"? Does it mean I need to apply ILR for him first before I can apply ciitzenship.
Checking with ChatGPT, it said.
What "Residence" Means: Residence refers to lawful and continuous living in the UK. In your son’s case, his stay on a Tier 2 dependent visa qualifies as lawful residence. The residence requirement shows that the child has settled into life in the UK, either by attending school or forming other connections in the community.

And I also see many cases where the child didnt need to have ILR when he applied citizenship and success. But I still worry.
Can someone knows about this give us the advice on this.

Thanks.

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Getting advice on applying citizenship for Child born outside uk,Section 3(1)

Post by alterhase58 » Mon Sep 30, 2024 12:32 pm

"Settled" means child or adult holds UK ILR or EU Settled Status.
Children born outside UK are expected to hold ILR before the apply to be registered as British.
Children born in the UK are not required to hold ILR before applying.
I would be careful using ChatGPT or other AI based facilities to clarify immigration concepts and requirements .... even lawyers now use this and give wrong advice!
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.

secret.simon
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Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: Getting advice on applying citizenship for Child born outside uk,Section 3(1)

Post by secret.simon » Mon Sep 30, 2024 12:42 pm

"Settled" is defined right in the paragraph you have quoted from.
Children applying in line with parents
Children will come within this category if:
• 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
(“settled” usually means that the parent has indefinite leave to remain in the UK)
...
• the child is settled in the UK
If in the context of the parent, "settled" means that the parent has ILR/Settled Status, it follows that the same applies for the child to be settled as well.

There is an exception that if the child has resided in the UK legally for 10 years, they would not need to have ILR and could instead apply directly for registration if the parents and child continue to reside legally in the UK (the parents would of course apply for ILR LR at the same time).

And children born in the UK don't normally require ILR, as mentioned above by @alterhase58.

Here is a recent case where the child's registration was refused for not having ILR despite both parents having ILR and one parent having applied for British citizenship.

And I will join with them in suggesting not to use ChatGPT in navigating the intricate world of UK (or indeed any other) immigration. It is complicated enough that multiple lawyers and judges disagree on it. The processing of what is, on the face of it, a glorified auto-complete is really not the best way to understand its complexities.
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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