Child's naturalisation eligibility

Hi

I am currently on a Tier 2 GM visa, with my wife and child on Tier 2 dependent visas. My child was born in Jersey (Channel Islands) and has a Jersey based birth certificate.

1) Once my ILR has been processed, would I have to:
- First apply for ILR for my child and then apply for naturalisation?
- Directly apply for naturalisation of my child based on the fact that one or both parents have an ILR (but after the child is born)?

2) If we have another child (born in London) before our ILRs are due, should we first apply for that child's Tier 2 dependent visa or wait until our ILR is processed, so the child is eligible for naturalisation directly?

Question is mainly to budget for costs involved in the process.

Thanks for the help.

1) I am not sure how Jersey works (someone else can clarify on Jersey) but as a general rule anyone born outside UK follows the same path as the less privileged parent (in immigration terms) so will require ILR before being registered as British. And can only be registered as British when at least one parent is British or applies at the same time as the child and both parents have ILR.


2) If your child2 is born in (UK - London as you said) BEFORE you have ILR, you can simply register the child as British AFTER you have ILR. No need to get a Tier2 dep visa unless the child has to travel obviously.

If the child is born AFTER you (at least one parent) already have ILR, child will be automatically born British. You can apply for a British Passport straightaway in this case.

50(1)

“ the Islands ” means the Channel Islands and the Isle of Man;
“ the United Kingdom ” means Great Britain, Northern Ireland and the Islands, taken together;

UK born children born to non-settled, non-British, parents will be entitled to register after a parent is granted ILR.

A UK born non-British child does not have to apply for leave to remain, but may be subject to applicable NHS charges after three months.

Thanks both for the quick and clear replies.

Summary of costs based on how I understand:
- ILR for myself and missus (~£3000 x 2)
- Naturalisation for children (~£1000 x 2)

Is that right?

Current ILR cost £2389 plus £19.20 biometrics plus any UKVCAS appointment fee (Free or up to £250 based on appointment type/location/availability).

Child registration as British cost £1012 plus £19.20 plus the UKVCAS appointment fees if applicable as stated above.

Thanks CULLINAN.

Is there a separate charge for passport after child registration as British?

absra wrote: ↑

Fri Mar 12, 2021 3:15 pm

Thanks CULLINAN.

Is there a separate charge for passport after child registration as British?

Yes, passport is a separate application and cost.

https://www.gov.uk/get-a-child-passport

Thanks all.

Seems like my employer will bear costs of ILR, but only 3 months prior to the current visa expiry, which is a year after we will be eligible.

So one last question, if my wife applies for ILR 9 months after I do, can we both apply for naturalisation together? Or will her 12 months start after she acquires ILR?

absra wrote: ↑

Sun Mar 14, 2021 1:54 pm

Thanks all.

Seems like my employer will bear costs of ILR, but only 3 months prior to the current visa expiry, which is a year after we will be eligible.

So one last question, if my wife applies for ILR 9 months after I do, can we both apply for naturalisation together? Or will her 12 months start after she acquires ILR?

If you are British by the time your wife gets ILR, she can apply for Naturalisation straight away without waiting 1 year on ILR. Otherwise she will have to wait 1 year after ILR.

Thanks folks, appreciate the quick replies.

CULLINAN wrote: ↑

Sun Mar 14, 2021 1:59 pm

If you are British by the time your wife gets ILR

To clarify further on this statement, you only become a British citizen after attending the citizenship ceremony and being issued the naturalisation certificate. The letter of approval from the Home Office does not confer British citizenship.

Be aware that there is currently a delay of a few months between the Home Office approval letter and the the citizenship ceremony taking place.

So my plan is:
- October 2021 - apply for super priority ILR - potentially issued by end of the month?
- September 2022 - firm applies for wife's ILR
- October 2022 - apply for naturalisation (considering COVID delays are well over and normal timelines apply - 3 months?)

Should I expect to be done by ceremony and receive passport (considering normal pre-COVID timelines) by Feb/Mar 2023? And then another 3 months for my wife?

Also the firm is saying they will cover cost of ILR for all dependents. Is there an ILR route for children on Tier 2 Dependent? Just wondering if that will save me any costs of naturalisation for them?

Since both your children are born in the UK (including Jersey, for naturalisation purposes), they don't need to apply for ILR. They can register as British citizens directly after either one parent is granted ILR.

The only reason you would want to apply for ILR for the UK-born children would be if you intend to not apply for British citizenship for them, but want them to have a long-term ability to reside in the UK.

absra wrote: ↑

Mon Mar 15, 2021 6:12 pm

Also the firm is saying they will cover cost of ILR for all dependents. Is there an ILR route for children on Tier 2 Dependent? Just wondering if that will save me any costs of naturalisation for them?

No. The costs of registration of children as British citizens are irrespective of whether they have ILR or not.