"Questions/Clarifications" about UK citizenship

testinfo · Post by **testinfo** » Thu Jan 03, 2019 1:04 pm

Hello Team,

I have few questions while preparing UK citizenship application, Please see below my scenario

a. My husband got ILR, date of approval: 20th Jan 2018
b. Me and my kid (Born outisde UK) got ILR, Date of Approval : August 22nd 2018

So my questions are,

1. When will my husband eligible to apply for UK citizenship?, is that 20th Jan 2019 or he can go 28 days before completing 12 months on ILR?
2. When me and my kid are eligible for UK citizenship? (I overheard we both are eligible as soon as my husband got his UK passport, i.e -we dont need to wait 12 months on ILR)

Thanks.

DocKnow · Post by **DocKnow** » Thu Jan 03, 2019 1:09 pm

testinfo wrote: ↑
Thu Jan 03, 2019 1:04 pm
Hello Team,

I have few questions while preparing UK citizenship application, Please see below my scenario

a. My husband got ILR, date of approval: 20th Jan 2018
b. Me and my kid (Born outisde UK) got ILR, Date of Approval : August 22nd 2018

So my questions are,

1. When will my husband eligible to apply for UK citizenship?, is that 20th Jan 2019 or he can go 28 days before completing 12 months on ILR?
2. When me and my kid are eligible for UK citizenship? (I overheard we both are eligible as soon as my husband got his UK passport, i.e -we dont need to wait 12 months on ILR)

Thanks.

1. 20th Jan 2019. To be on the safe side, apply on 21st Jan 2019. The 28 days rule does not apply to citizenship applications.
2. Once your husband qualifies, you can apply for citizenship immediately.

Post by **secret.simon** » Thu Jan 03, 2019 1:13 pm

testinfo wrote: ↑
Thu Jan 03, 2019 1:04 pm
1. When will my husband eligible to apply for UK citizenship?, is that 20th Jan 2019 or he can go 28 days before completing 12 months on ILR?

20th Jan 2019. That day being a Sunday, it may be best to apply the following day.

testinfo wrote: ↑
Thu Jan 03, 2019 1:04 pm
2. When me and my kid are eligible for UK citizenship? (I overheard we both are eligible as soon as my husband got his UK passport, i.e -we dont need to wait 12 months on ILR)

The children can apply for registration on Form MN1 with your husband (as they and you, the other parent, already have ILR). You can apply for naturalisation either the day after your husband's naturalisation ceremony or August 22nd 2019, whichever comes first.

Of course, you and your husband need to meet the physical presence (so, in case of your husband, was he physically in the UK on 21st January 2014) and other (English, LITUK, etc) requirements.

DocKnow · Post by **DocKnow** » Thu Jan 03, 2019 1:18 pm

[/quote]The children can apply for registration on Form MN1 with your husband (as they and you, the other parent, already have ILR). [/quote]

Even if the child is born outside of the UK?

Post by **CR001** » Thu Jan 03, 2019 1:19 pm

DocKnow wrote: ↑
Thu Jan 03, 2019 1:18 pm
Even if the child is born outside of the UK?

Yes.

Post by **secret.simon** » Thu Jan 03, 2019 1:21 pm

DocKnow wrote: ↑
Thu Jan 03, 2019 1:18 pm
The children can apply for registration on Form MN1 with your husband (as they and you, the other parent, already have ILR).
Even if the child is born outside of the UK?

Yes. If the child was born in the UK, the child could have been registered as of right as soon as one parent had ILR.

Children born outside the UK can register when both the child and the other parent had ILR and one parent is either a British citizen or is applying to become one. The child is only registered if the parent's application is successful and the child's registration certificate is issued with the parent's after the naturalisation ceremony.

testinfo · Post by **testinfo** » Thu Jan 03, 2019 1:38 pm

Thanks all for qyuick reply.

Regarding me, iam outsdie UK from "March 9th 2014 - October 15th 2014". So i cant eligible for BC until October 17th 2019 right? as i need to be physically in UK 5 years before my date of aplication (https://assets.publishing.service.gov.u ... r_2018.pdf, page:5)

As you said, can i include my kid as part of my husband application on Jan 22nd 2019?

Thanks

testinfo · Post by **testinfo** » Thu Jan 03, 2019 1:41 pm

I have jut read this: british-citizenship/citizenship-faqs-co ... 95747.html

According to Q2, once my husband application approved, i can apply as spouse as BC under 3 years requirement, i.e April 2016 - April 2019?

Thanks

Post by **CR001** » Thu Jan 03, 2019 1:42 pm

testinfo wrote: ↑
Thu Jan 03, 2019 1:38 pm
Thanks all for qyuick reply.

Regarding me, iam outsdie UK from "March 9th 2014 - October 15th 2014". So i cant eligible for BC until October 17th 2019 right? as i need to be physically in UK 5 years before my date of aplication (https://assets.publishing.service.gov.u ... r_2018.pdf, page:5)

As you said, can i include my kid as part of my husband application on Jan 22nd 2019?

Thanks

1. If you apply as the spouse of a BC once your husband is British, the residence requirement is 3 years, so if he gets approval this year, then your start point is 2016 to apply.

2. Yes re child.

Post by **secret.simon** » Thu Jan 03, 2019 1:45 pm

If you apply as the spouse of a British citizen (i.e. after your husband's naturalisation ceremony), you only need to meet three years of residence requirements, including being in the UK at the start of the three year period immediately preceding the date of application.

If you apply on your own, then you need to have been physically present at the start of the five-year period immediately preceding the date of application.

So, what were your dates of absence in 2016?

EDIT: Beaten by CR001.

testinfo · Post by **testinfo** » Thu Jan 03, 2019 1:47 pm

Thanks, Outside UK "24/06/2016 - 17/07/2016".

Post by **CR001** » Thu Jan 03, 2019 1:49 pm

testinfo wrote: ↑
Thu Jan 03, 2019 1:47 pm
Thanks, Outside UK "24/06/2016 - 17/07/2016".

If your husband gets approval and attends ceremony by July, apply after 17th.

If he gets approval and attends ceremony by mid June, apply then.

I would go with July if his ceremony is too close to 24th June.

testinfo · Post by **testinfo** » Thu Jan 03, 2019 1:55 pm

Many thnaks, iam now clear about me.
However still some confusion about my kid, when i read this: (https://assets.publishing.service.gov.u ... 4.0ext.pdf, page:12, • at the time of the birth they had a parent who was a British citizen by descent)

Or is it better to include my kid with my application instead of myHusband?

Sorry for too many questions.

Thanks,

Post by **CR001** » Thu Jan 03, 2019 1:57 pm

That is NOT relevant to a child registration under Section 3(1) of the nationality act.

testinfo · Post by **testinfo** » Thu Jan 03, 2019 2:35 pm

So on what basis, my Child can include as part of my Husband BC application?
Please point me right link or any useful information.

Thanks

Post by **CR001** » Thu Jan 03, 2019 2:42 pm

secret.simon wrote: ↑
Thu Jan 03, 2019 1:21 pm

DocKnow wrote: ↑
Thu Jan 03, 2019 1:18 pm
The children can apply for registration on Form MN1 with your husband (as they and you, the other parent, already have ILR).
Even if the child is born outside of the UK?
Yes. If the child was born in the UK, the child could have been registered as of right as soon as one parent had ILR.

Children born outside the UK can register when both the child and the other parent had ILR and one parent is either a British citizen or is applying to become one. The child is only registered if the parent's application is successful and the child's registration certificate is issued with the parent's after the naturalisation ceremony.

Post by **secret.simon** » Thu Jan 03, 2019 2:55 pm

testinfo wrote: ↑
Thu Jan 03, 2019 2:35 pm
So on what basis, my Child can include as part of my Husband BC application?
Please point me right link or any useful information.
Thanks

Pages 27-31 (Other applications under section 3(1)) of the Registration as a British citizen: children guidance. Your children will be registered under Section 3(1) of the BNA. Ignore the other sections.

testinfo · Post by **testinfo** » Wed Jun 12, 2019 7:42 pm

Hello Team,

Just wanted to update here that, my husband and my kid both Naturalisation approved (took 4 months) - Many thanks to clarify my questions.

Considering (my Husband attended citizenship ceremony 2 days back but not yet received British passport)), i can now apply Naturalisation through 3 years route. As part of my naturalisationapplication, i see below question under Parnter section

1. Country of nationality = "British Citizen or Indian"?
2. Is your partner a naturalised British citizen? Yes
3. Date your partner was granted citizenship = 10 June 2019, right?
4. Partner's citizenship certificate reference number? = Is this same as certificate number on his citizenship ceremony certificate?

or Should i wait until my husband actually get his British passport?

Many thanks.

Post by **CR001** » Wed Jun 12, 2019 7:51 pm

1. British

2. Correct, yes.

3. Correct, the date on the certificate.

4. Yes

testinfo · Post by **testinfo** » Wed Jun 12, 2019 7:59 pm

Thanks for the quick reply. All clear to me now.

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