Should I apply for British Citizenship?

Hi,

I am currently on Indefinite Leave to Remain since Feb 2016. I am eligible to apply for a British Passport but I am slightly scared to give up my Indian Passport just yet because I dont want to lose the rights of an Indian citizen in case I feel like moving back. I would be grateful if someone could answer the following queries:

1) My wife is on ILR-dependent visa since March 2016 (Exp Dec 2018). If my status changes,what would her status change to? Would the last 21 months count towards her eventual British passport?

2) If I have a child in the UK, would he immediately get a British Passport if one of the parents, i.e. myself, holds a British Passport?

My main concern is my wife's residential status. She is currently employed and I dont want to shift her to Tier 2, because that would reset her 5 year requirement for an ILR. Would it be wiser to wait for the next 3 years till she completes her dependency requirements? I would be extremely grateful for any help, I am a bit confused. Apologies if this was not the section to ask this question.

niceguy1 wrote: ↑

Sun Dec 10, 2017 9:07 pm

Hi,

I am currently on Indefinite Leave to Remain since Feb 2016. I am eligible to apply for a British Passport but I am slightly scared to give up my Indian Passport just yet because I dont want to lose the rights of an Indian citizen in case I feel like moving back. I would be grateful if someone could answer the following queries:

1) My wife is on ILR-dependent visa since March 2016 (Exp Dec 2018). If my status changes,what would her status change to? Would the last 21 months count towards her eventual British passport?

2) If I have a child in the UK, would he immediately get a British Passport if one of the parents, i.e. myself, holds a British Passport?

My main concern is my wife's residential status. She is currently employed and I dont want to shift her to Tier 2, because that would reset her 5 year requirement for an ILR. Would it be wiser to wait for the next 3 years till she completes her dependency requirements? I would be extremely grateful for any help, I am a bit confused. Apologies if this was not the section to ask this question.

1) What do you mean by ILR-dependant? Does your wife have ILR now? I am guessing you got married to your wife after you got your ILR? may be you can explain more for the experts to give you te right advice.

2. YES! There is a documentation given to you with your ILR approval, if you read it well, it says any child born in the UK after you ILR is now British citizen automatically and any child you have before your ILR status is now eligible to be registered as British Citizen.

As a person holding ILR, you have most of the rights of a British citizen within the UK. As a citizen of a Commonwealth country holding ILR, not only do you have the right to vote, you can also stand for election as an MP and become a minister, even without acquiring British citizenship.

From the viewpoint of immigration law, there is no significant difference between the family members of somebody on ILR and a British citizen. If your wife is here on an "ILR dependent visa", she is on the same visa as the spouse of a British citizen (family of a settled person). Therefore, her visa category will not change when you acquire British citizenship and any period she has already spent in the UK will count towards her eventual ILR.

Any children born to you in the UK when you have either ILR status or British citizenship will be British citizens automatically.

Any children born to you abroad while you have ILR will have the status of the less-privileged parent (in this case, your wife) and will have to go through the immigration journey with her.

Any children born to you abroad after you acquire British citizenship will be British citizens by descent automatically, but their children will not acquire British citizenship automatically if they (your grandchildren) are born abroad as well.

Do bear in mind that entitlement to a British passport only comes after British citizenship has been granted. They are two separate processes.