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British Citizenship for my son

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

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azizkap21
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British Citizenship for my son

Post by azizkap21 » Mon Mar 11, 2019 11:39 am

Hi,
My son was born in 2001 and I got my citizenship in 2016. He came here in 2014. If my wife gets ILR, shall my son be eligible for British Citizenship without getting ILR since he is under 18?

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CR001
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Re: British Citizenship for my son

Post by CR001 » Mon Mar 11, 2019 11:48 am

He needs ILR before he can apply for citizenship.

Given that he is appears to be almost 18, he might also need LIUK and English B1 if he applies on or after his 18th Birthday.
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secret.simon
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Re: British Citizenship for my son

Post by secret.simon » Tue Mar 12, 2019 4:12 am

Yes if he was born in the UK.

If he was born abroad, he is expected to hold ILR before applying for registration OR give reasons for discretion to be exercised in this regards.
Registration as British citizen: children wrote:As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through ILR and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.
He should be included as a dependent for ILR on your wife's ILR application.
CR001 wrote:
Mon Mar 11, 2019 11:48 am
Given that he is appears to be almost 18, he might also need LIUK and English B1 if he applies on or after his 18th Birthday.
Further to CR001's point, his application for registration must be submitted before his 18th birthday.
Section 3 of the British Nationality Act 1981 wrote:(1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.
If the application is approved after the child's 18th birthday, the child will need to attend as citizenship ceremony, like any other adult applicant.
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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