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ILR for Spouse and Child naturalisation

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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raja1382
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ILR for Spouse and Child naturalisation

Post by raja1382 » Wed Jun 13, 2018 1:28 pm

Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Wed Jun 13, 2018 1:54 pm

If the child was born abroad, they are expected to hold ILR before they qualify for citizenship.

How old is the child??
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cyclina1
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Re: ILR for Spouse and Child naturalisation

Post by cyclina1 » Wed Jun 13, 2018 1:58 pm

raja1382 wrote:
Wed Jun 13, 2018 1:28 pm
Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj
Yes. Your partner needs to apply ILR, but your child if he/she is under 18 they can register as BC by descent, because you are BC.

https://www.gov.uk/register-british-cit ... outside-uk
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Wed Jun 13, 2018 2:25 pm

cyclina1 wrote:
Wed Jun 13, 2018 1:58 pm
raja1382 wrote:
Wed Jun 13, 2018 1:28 pm
Hi,
Can you pls help me with below query.

My Spouse and child entered UK on sep 16,2013 on Tier 2 ICT Dependant and currently on PBS dependant visa.
I got my british Citizenship in dec 2016.

In Sep 2018 i am planning to apply for ILR for my dependants as they become eligible for qualifying period.
As I understand, I can apply ILR for child same time as Spouse.

Recently I am told by someone that there is no need for kid to apply for ILR.

Spouse needs to apply for ILR where as Kid can directly apply naturalization without applying ILR after certain period of time based on my citizenship status and wife getting ILR status.

Can you pls let me know if their is any sort of possibility in this scenario based on above dates and timeperiod mentioned? Just want to ensure I dont miss anything before I apply for ILR for family.

Kindly advise.

Thanks
Raj
Yes. Your partner needs to apply ILR, but your child if he/she is under 18 they can register as BC by descent, because you are BC.

https://www.gov.uk/register-british-cit ... outside-uk
How is the child British by Descent if the child was born abroad BEFORE the OP became British in 2016???
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.

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cyclina1
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Re: ILR for Spouse and Child naturalisation

Post by cyclina1 » Wed Jun 13, 2018 2:34 pm

sorry I overlooked this - I got my british Citizenship in dec 2016.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

secret.simon
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Re: ILR for Spouse and Child naturalisation

Post by secret.simon » Wed Jun 13, 2018 2:59 pm

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.

raja1382
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Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Thu Jun 14, 2018 11:03 am

CR001 wrote:
Wed Jun 13, 2018 1:54 pm
If the child was born abroad, they are expected to hold ILR before they qualify for citizenship.

How old is the child??

Hi CR001, thanks for response.

Yes, the child is born abroad. Myself and spouse both are Tier2 visa ICT at that time.
Child completed 5 years as of Feb 2018.

So as I understand it, Child defeo needs ILR before applying BC.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Thu Jun 14, 2018 11:05 am

So as I understand it, Child defeo needs ILR before applying BC.
It is the safer option. If you choose to skip ILR and applying directly for citizenship and are refused, your risk the child having no valid visa.

Some have had success doing this after lengthy processes with HO but many have been refused citizenship for their children born abroad.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

raja1382
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Joined: Fri Mar 28, 2014 2:03 pm

Re: ILR for Spouse and Child naturalisation

Post by raja1382 » Thu Jun 14, 2018 11:17 am

CR001 wrote:
Thu Jun 14, 2018 11:05 am
So as I understand it, Child defeo needs ILR before applying BC.
It is the safer option. If you choose to skip ILR and applying directly for citizenship and are refused, your risk the child having no valid visa.

Some have had success doing this after lengthy processes with HO but many have been refused citizenship for their children born abroad.
Thanks CR001, I will proceed with ILR application as per my earlier decision.

Also Just to confirm as my spouse and child are on PBS dependant visa, i am choosing SET (O) application and can apply for both in same application online with my wife as main applicant and child as dependant.

I assume SET (M) is only for those with FLR dependant visa.

Am i correct in my understanding.

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CR001
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Re: ILR for Spouse and Child naturalisation

Post by CR001 » Thu Jun 14, 2018 11:18 am

Also Just to confirm as my spouse and child are on PBS dependant visa, i am choosing SET (O) application and can apply for both in same application online with my wife as main applicant and child as dependant.
One Set(O) form. Wife as main applicant and child as dependent.
I assume SET (M) is only for those with FLR dependant visa.
Correct yes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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