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Registering child. Only one parent with ILR.

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Briony1
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Registering child. Only one parent with ILR.

Post by Briony1 » Thu Feb 13, 2020 10:20 pm

Hello. Me and my child (13 years old, born outside the UK) both have held ILR for a year now. The ILR was obtained based on 10 years of residence. We plan to apply for UK naturalisation. Kindly advise on the following questions:
1. Can me and my child both apply at the same time?
2. From ‘Citizen FAQ-common questions-read before posting’:
‘If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect the other parent to hold (or to be close to holding) a ILR/PR status.’

If my husband can only apply in 4 years for ILR (currently he is on family visa), will this affect mine and my son’s naturalisation application in any way?

Many thanks.

Briony1
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Re: Registering child. Only one parent with ILR.

Post by Briony1 » Mon Apr 06, 2020 4:42 pm

Dear Moderators,

Please advice if my question was worded incorrectly or there are other issues with it since there is still no answer.

My main question, can I register my child as a British citizen given that only I am applying for naturalisation while my husband is still on family visa.

Many thanks.

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zimba
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Re: Registering child. Only one parent with ILR.

Post by zimba » Mon Apr 06, 2020 4:46 pm

Likely it will be rejected as your husband is expected to hold ILR. I suggest to wait for the child. Your husband will be able to apply for citizneship with your child after you naturalise.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: Registering child. Only one parent with ILR.

Post by secret.simon » Mon Apr 06, 2020 4:53 pm

It is generally quite rare for children born outside the UK to be given ILR with the first parent. It is far more common for the ILR to be given with the second parent. Were there any special circumstances (such as sole parental responsibility) due to which the child was given ILR with the first parent?

See from Page 27 onwards of the Registration of children as British citizens guidance document for how caseworkers would evaluate your child's application.
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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Re: Registering child. Only one parent with ILR.

Post by CR001 » Mon Apr 06, 2020 5:05 pm

secret.simon wrote:
Mon Apr 06, 2020 4:53 pm
It is generally quite rare for children born outside the UK to be given ILR with the first parent. It is far more common for the ILR to be given with the second parent. Were there any special circumstances (such as sole parental responsibility) due to which the child was given ILR with the first parent?

See from Page 27 onwards of the Registration of children as British citizens guidance document for how caseworkers would evaluate your child's application.
Not for 10 years long residence ILR if the child met the 10 years requirment as they would have qualified in their own right.
Char (CR001 not Casa)
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Briony1
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Re: Registering child. Only one parent with ILR.

Post by Briony1 » Mon Apr 06, 2020 5:56 pm

Thank you for all your replies.

My main concern is that the child, now 13, already has ILR (based on 10 years), has lived in the UK for 11 years now, and according to this rule cannot naturalise while I can, having same ILR. In that case, is there a way for him to apply separately now?

My husband has recently started his first family visa so will only be able to apply for ILR in about 5 years when the child is over 18. Is there a faster way to naturalise for them provided I am successful with naturalisation? Not sure if this is relevant but my husband actually lived with us all 11 years except for recent 2 years that he spent abroad (for which reason he couldn't apply for ILR with us and is now on family visa).

Thank you!

secret.simon
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Re: Registering child. Only one parent with ILR.

Post by secret.simon » Mon Apr 06, 2020 6:02 pm

Did you read through the document that I linked to?

You need to give them a reason to exercise discretion and set the expectation (of one parent having ILR and one parent applying for or having British citizenship) aside. Some examples of when they would consider exercising discretion are given in the document.

In extremis, as you mentioned, the child will have to naturalise on or after their 18th birthday, when there is no requirement as to the status of the parents.
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.

Briony1
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Re: Registering child. Only one parent with ILR.

Post by Briony1 » Thu Apr 09, 2020 7:32 am

Thank you for your answers.

Briony1
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Re: Registering child. Only one parent with ILR.

Post by Briony1 » Wed May 06, 2020 8:17 am

Dear Moderator,

I have a follow up question regarding my application. I filled in the online form and reached to the next stage, where I have to confirm that I have the documents from the list. One of the documents is a referee declaration. I have seen on the forum here that people were asking how to correctly fill it in but my problem is that cannot find the form itself. Could you please share the link? Maybe the blank form appears at a later stage? :?
Thank you.

secret.simon
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Re: Registering child. Only one parent with ILR.

Post by secret.simon » Wed May 06, 2020 8:38 am

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.

Briony1
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Joined: Thu Feb 13, 2020 9:19 pm
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Re: Registering child. Only one parent with ILR.

Post by Briony1 » Wed May 06, 2020 8:56 am

Thank you very much for your quick reply :D

I would like to clarify one more question from the application form, which is 'Do you have any dependants not applying with you at this time?' As explained above, my son has ILR and my husband has family visa. They are not applying with me. My question is whether they are considered as my dependants.
Thanks.

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