jerrin wrote:We (husband, wife and daughter[first child]) got the ILR in Jun 2014. My wife is pregnant and she and my daughter went abroad to stay with her parents in Jul 2014 and will be back in UK in Feb 2015. As I have no break in period of stay, I am eligible and will apply for Citizenship in Jun 2015.
As my wife is outside the UK for 8 months, I believe she won’t be eligible to apply for Citizenship in Jun 2015. Could you please advise the earliest date she can apply for the Citizenship?
As my daughter is staying with my wife, she will be outside UK for 8 months. But can my daughter apply for Citizenship along with me according to the rule "Children born abroad to parents who are applying for British citizenship” mentioned in MN1 guide? (
https://www.gov.uk/government/uploads/s ... e_2014.pdf) or should my daughter apply along with my wife?
My wife is planning to deliver abroad and her due date is in Jan 2015 and I believe my second kid won’t be UK citizen by birth and he/she has to apply for ILR when my wife returns to UK. Could you please advise when the new born will be eligible to apply for Citizenship? Can he/she be able to apply for Citizenship along with me or my wife?
I would appreciate your comments and assistance
Many thanks,
J
Regarding your citizenship:
- You won't be able to apply before Jun 2015.
- On that date, you will need to have fulfilled the residency requirements:
You need to have spent:
- no more than 450 days outside the UK in the last 5 years from June 2015, of which
- no more than 90 days in the last year.
You need to have been present in the UK 5 years before the application will be received by the home office.
The same applies for your wife and daughter. It doesn't matter whether they've been *continuously* away or *discontinuously* away from the United Kingdom. All it matters is that the sum of those absences is < 450 days in the last 5 years (90 in the last year).
Discretion could be applied to your case (if you check the MN1 AN booklet, this is explained very well), however can apply at your risk (£906 per applicant).
I believe your future child would easily receive ILR. In any case, you'll be able to register her/him when you apply for BC.
If your child is citizen of a country that doesn't allow dual citizenship, she/he'll lose it when you register her/him as BC.
Anyway, good luck for your application and congratulations for your child.
https://www.gov.uk/government/uploads/s ... e_2014.pdf
page 14
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenship” above) to be registered as British citizens as part of a “family
application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British
citizenship, or if one parent holds British citizenship and the other is settled in the UK.
