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ILR for minor born before father's naturalization

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Raj1976
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Posts: 1
Joined: Wed Dec 27, 2017 11:32 am
India

ILR for minor born before father's naturalization

Post by Raj1976 » Wed Dec 27, 2017 11:40 am

Hi Guys,

I am a naturalized British National, naturalization on 2012.

My child born on 2005, in India, and stated in india till 2015 with her mother. Joined father in 2015 as dependent of British national.

So my wife and kid joined me on 2015 under Dependent of British national (spouse dependent), my question is - will my kid need to wait for 5 years before applying ILR?

I understand my wife will have to wait for 5 years before she can apply for ILR. As i am naturalized citizen, can my kid apply for ILR before 5 years (kid was born before i was settled).

Help will be appreciated.

Cheers
Raj

vinny
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Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR for minor born before father's naturalization

Post by vinny » Wed Dec 27, 2017 11:58 am

Unfortunately, kid should follow same path as mother. They expect both mother and child to hold ILR prior to registration.
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secret.simon
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Posts: 11026
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR for minor born before father's naturalization

Post by secret.simon » Wed Dec 27, 2017 3:07 pm

Children born abroad follow the immigration status of the less-privileged parent. As Vinny has advised, the child will need to be a dependent on all your wife's applications and apply for ILR before registration as a British citizen.

Children born in the UK can follow the immigration path of the more-privileged parent.
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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