Is my kid eligible for citizenship?

[praveenilangovan]

Hi,

I am applying for the UK citizenship and wondering if my kid is eligible for it too?

She is 16 months old and born in India and at her time of birth I was under a Tier-2 visa. Now I hold an ILR and she is in the UK along with her mother. Their current visas were applied after I received my ILR.

In the MN1 guide,

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.

Unfortunately, my wife (kid's mother) doesn't hold an ILR. Does it mean our daughter isn't eligible to apply along with me?

Thanks

[CR001]

No she is not eligible to apply with you. Once parent must be applying at the same time or be British already and the other one must be settled (i.e. hold ILR, which your spouse clearly does not).

She will follow the same visa route as her mother and will require ILR before she can apply for citizenship.

[praveenilangovan]

Thanks a lot

[praveenilangovan]

Just a quick follow-up question: If my citizenship application is successful, should they re-apply for their visas or could they continue on their current visa?

Thanks

[CR001]

Just a quick follow-up question: If my citizenship application is successful, should they re-apply for their visas or could they continue on their current visa?

Thanks

No!! Spouse of ILR holder and spouse of British citizen is the SAME visa.

[praveenilangovan]

Thanks once again