Can I apply 4 my children citizenship born and living abroad

Hey guys

Asking on behalf of a friend.

He is British citizen however his wife and 2 children under 5 are living in Pakistan (Afghan National)
Just wondered if he can apply for children citizenship?

Thanks

johnty wrote:Hey guys

Asking on behalf of a friend.

He is British citizen however his wife and 2 children under 5 are living in Pakistan (Afghan National)
Just wondered if he can apply for children citizenship?

Thanks

A journey of a thousand miles begins with a single step ...

Suggest 'friend' starts his immigration journey here:
british-citizenship/citizenship-faqs-co ... 95747.html

johnty wrote:Hey guys

Asking on behalf of a friend.

He is British citizen however his wife and 2 children under 5 are living in Pakistan (Afghan National)
Just wondered if he can apply for children citizenship?

Thanks

Simple answer is 'No', not if he obtained British Citizenship AFTER the children were born.

noajthan wrote:
Suggest 'friend' starts his immigration journey here:
british-citizenship/citizenship-faqs-co ... 95747.html

Thanks
This looks interesting.

Q2: My child has been away from the UK. Can he apply for Registration?

There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).

If application under section 3(1) (children born abroad) - There are no residential requirements for children under 13 years old. Children 13-16 years old are expected to have lived in the UK for 2 years before applying. Children who moved to the UK aged 16 or more are likely to get refused and should apply as adults once they meet the Naturalisation requirements.

One child was born after the Father ILR.
Mother and children all lives in Pakistan as Afghan Nationals and do not intend to come to UK for living. Acquiring Registration for children if in future they want to come to UK as adult.
Can he do it if there is no residential requirement for the children while they are abroad?
Thanks

thanks

johnty wrote:Both children were born after the Father ILR.
Mother and children all lives in Pakistan as Afghan Nationals and do not intend to come to UK for living. Acquiring Registration for children if in future they want to come to UK as adult.
Can he do it if there is no residential requirement for the children while they are abroad?
Thanks

thanks

In that case, simple answer is NO as the people in question have no connection nor interest in life in UK.

1(3) clearly does not apply.

Registration for privilege of citizenship (for minors born abroad as per this case) is predicated on settlement first, ie ILR.
And on showing the minor's future lies in UK.
Living abroad does not help towards nor demonstrate this.

If friend's family members wish to come to UK as adults they will have to do it in their own right;
via skilled worker or international study visa routes (or by marriage).

noajthan wrote:
1(3) clearly does not apply.

Registration for privilege of citizenship (for minors born abroad as per this case) is predicated on settlement first, ie ILR.
And on showing the minor's future lies in UK.
Living abroad does not help towards nor demonstrate this.

If friend's family members wish to come to UK as adults they will have to do it in their own right;
via skilled worker or international study visa routes (or by marriage).

If application under section 3(1) (children born abroad)?

He says he knows somebody has done it for his kids so my task is to see how he has done it? same circumstances however they are Pakistani National living in Pakistan.

Your friend is wrong or someone is telling him nonsense.

You cannot register a child as British if they do not live in the UK and they were born abroad. The will need a visa, then ILR and only after that can they apply for British citizenship.

Children born abroad have the same status as that of the less-privileged parent and can only be registered when the second parent gets citizenship.

Just having a British parent who naturalised after the birth of the children will not make them eligible for British citizenship.

johnty wrote:If application under section 3(1) (children born abroad)?

He says he knows somebody has done it for his kids so my task is to see how he has done it? same circumstances however they are Pakistani National living in Pakistan.

Some guy on the number 9 omnibus to Kabul or wherever saying it can be done doesn't prove it can be done.

UK has no concept of & does not support chain migration for every world citizen who has, at some time, passed through or lived in UK.

I have taken the exact same Section 3(1) route & have posted the FAQs (above) that inform how it's done.
Namely, come to UK, get ILR for minors/parents, apply for minor at Home Secretary's bountiful discretion. Hope for best.

Thanks all for your comments and yes it make sense What I understood that if somebody does not want to live in UK unless the parent are British and living with them abroad only then a child can be registered as British in local embassy.

BUT what this is one says here is true whatever the guys on omnibus to Kabul was saying then.
http://www.immigrationboards.com/britis ... 56219.html

Also one thing I did not understand..
When the child come to UK on whatever VISA and as long the one parent has ILR he can apply for the child registration with waiting for getting ILR for the child as opposed to what CR001 said.. as it is contrary to what Jambo said in his post that there is not Residential requirement for children under 13years of age.

johnty wrote:Thanks all for your comments and yes it make sense What I understood that if somebody does not want to live in UK unless the parent are British and living with them abroad only then a child can be registered as British in local embassy.

One thing I did not understand..
When the child come to UK on whatever VISA and as long the one parent has ILR he can apply for the child registration with waiting for getting ILR for the child as opposed to what CR001 said.. as it is contrary to what Jambo said in his post that there is not Residential requirement for children under 13years of age.

Minors still have to be free from immigration time restrictions, for non-EEA that means having ILR.
And, for 3(1) cases, both parents need ILR (or be a BC) & to be applying to be BC (if not BC already).

The 'freedom from residence requirements' does not mean there are zero requirements & anyone in world can register their child by turning up at a local embassy outside UK!
- it means there is not a specified time limit & the ECO will apply discretion.

For older teenagers at least 2 years in UK is required.

On top of that, as ILR is normally required for 3(1) cases getting that ILR usually takes 5 years (for the parent).

So clearly if zero or little time has been spent in UK (& there is no evidence of a future in UK either, which in HO terms is based on past behaviour) then a registration which is at discretion anyway is not going to be granted.

johnty wrote:unless the parent are British and living with them abroad only then a child can be registered as British in local embassy.

That is not mentioned in this thread and not correct. Where did you get that from?

In the link that you refer to, the father was British before the children were born. The children were therefore British by descent.

If the father acquired UK citizenship after the children were born, they must be in the UK with ILR and the other parent applying for citizenship for the children to be registered as British citizens.

There is no residence requirement for children under the age of 13 born abroad, but they are required to have ILR. The children will only get ILR if the less-privileged parent (in this case, the mother) has ILR.

So, the mother will have to move to the UK and spend five years on the spouse route, get ILR and then the children can be considered for registration.

johnty wrote:Thanks all for your comments and yes it make sense What I understood that if somebody does not want to live in UK unless the parent are British and living with them abroad only then a child can be registered as British in local embassy.

BUT what this is one says here is true whatever the guys on omnibus to Kabul was saying then.
http://www.immigrationboards.com/britis ... 56219.html

Also one thing I did not understand..
When the child come to UK on whatever VISA and as long the one parent has ILR he can apply for the child registration with waiting for getting ILR for the child as opposed to what CR001 said.. as it is contrary to what Jambo said in his post that there is not Residential requirement for children under 13years of age.

Your children were born before you become Brtish (from what you have posted), so they are not British. Your ILR means nothing for them if they were born abroad. They would only be British if born abroad AFTER you became British, which is the case for the person that posted in the link you have posted.

Why would your friend spend thousands £ if they do not even intend to live here? I am sorry to say this but I am happy that UKVA make this process harder and harder and only genuine people can get it who really want to live here, contribute and their stayus is legal.
To read these kind of posts make my blood boil

jaweb wrote:Why would your friend spend thousands £ if they do not even intend to live here? I am sorry to say this but I am happy that UKVA make this process harder and harder and only genuine people can get it who really want to live here, contribute and their stayus is legal.
To read these kind of posts make my blood boil

If you have read the first post his family is living in Pakistan as Afghan national i.e. living as refugees. why would he spends thousand? because he is thinking about his children future as any red blooded father would do. You should stay away from these board if you are that sensitive. No disrespect but please stay focus I am sure nobody is interested in your personal feelings but if you have anything constructive, please share.


Back to the topic I noticed that while I was editing the first post to add
One child was born after the Father ILR/Naturalisation. the original question was quoted very swifty by noajthan..

In this case this one child can be registered then as he was born after the father ILR/citizenship?

@secret.simon

unless the parent are British and living with them abroad only then a child can be registered as British in local embassy.

Sorry I was assuming in general as if a British couple say move to India and they have a child born in India can go to British Embassy and register that child.

johnty wrote:...

Back to the topic I noticed that while I was editing the first post to add
One child was born after the Father ILR. the original question was quoted very swifty by noajthan..

In this case this one child can be registered then as he was born after the father ILR?

If child is born in UK, 1(3) of BNA can only be invoked once parent becomes settled in UK eg with ILR.

If born abroad to a parent who is not a BC or settled then registration is at discretion under 3(1) of BNA once child is settled in UK (has ILR) & parents have at least settled status in UK (or are BC).

johnty wrote:In this case this one child can be registered then as he was born after the father ILR/citizenship?

You need to decide which one. ILR and Citizenship are two very different categories and have different rules for children born abroad.

CR001 wrote:

johnty wrote:In this case this one child can be registered then as he was born after the father ILR/citizenship?

You need to decide which one. ILR and Citizenship are two very different categories and have different rules for children born abroad.

Sorry for my vague last post CR001.
I had to confirm and it is confirmed now that one child was born after the father had BC and one before his ILR..
So as you have said he can register one child only now but not the other.. He has to come with his mother via spouse router etc..?

Thanks

PS
Nojothan & CR001 I do not want to send you PM however could you please look at my this other question. Would really appreciate..
http://www.immigrationboards.com/britis ... 01206.html

The child born AFTER the father became British is automatically British and can apply directly for a passport (6-12 months if applied from abroad).

The child born BEFORE the father became British or held ILR has not prospect of success with registration as British. The child will need a visa in line with what the mother applies for.

Thanks CR001 and Nojathen and all.
always the best place to get satisfactory answers..


For anybody following this thread..

found a link to register it now..
https://www.gov.uk/register-a-birth/y/p ... /in_the_uk

It says on the bottom

It’s usually quicker to register the birth with the UK authorities if you get a British passport for the child first.

Link to Passport for Overseas British Passport
https://www.gov.uk/overseas-passports/y ... d/pakistan