Naturalization (self and spouse) and Child born abroad

[khan97]

Hi Everyone

I was wondering if you could guide me in the right direction please.
>>I got ILR in 2015, haven't naturalized yet. My child and wife both came to UK, from pakistan, at the same time, 2015, and completed dependent 5 years. I got ILR after they came to UK.
My wife got ILR this month, june 2021. I was advised by Citizens advice that I did not need to apply for child's ILR, dependent child visa expired Jan 2021, and once my wife is given ILR, we can apply on a family application for naturalization.
>> Please advise what's the best route to take for naturalization/BC, considering the above scenario.
please include what forms to be completed. what section to choose for child on the form, 3(1)?

Many thanks in advance for your help!

[CR001]

If your child was born abroad, the child requires ilr before they can be registered as birtish. You should have included the child in the mother's ilr application. The child will only qualify for citizenship when either parent is also applying and the other parent and the child holds ilr.

You can apply but your spouse will have to wait 12 months on ilr unless you become British before that.

Technically, your child is now an overstayer.

[khan97]

Thanks for the quick reply CR001!
would it be best now:
>>that I apply for my citizenship first
> and then apply for child's citizenship?
OR
>> I include the child and spouse in my citizenship application at the same? that's considering my BC gets approved which will automatically lead to the spouse and child's BC approval without having to wait 12 months?
Citizens advice mentioned home secretary's discretion in case of the child's overstay.

Many thanks

[secret.simon]

that's considering my BC gets approved which will automatically lead to the spouse and child's BC approval without having to wait 12 months?

There is nothing "automatic" about it and the approval of your application is irrelevant in this context.

Your wife will be able to apply as the spouse of a British citizen on or after the date of your citizenship ceremony/naturalisation certificate (which can be many weeks or months after the approval, depending on your local council).

Citizens advice mentioned home secretary's discretion in case of the child's overstay.

All applications for children born to non-British parents abroad are at the Home Secretary's discretion. And the Home Secretary has decided that the discretion would be exercised in such a manner that the child is expected to have ILR before applying for British citizenship or have "strong compelling compassionate" reasons for not having ILR.

The child can apply for British citizenship with you, provided that they also have ILR at the time of their application.

(Page 31)

Child’s immigration status

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 IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

[CR001]

How old is the child?

[khan97]

How old is the child?

Hi CR001

The child is 6 years old.

[CR001]

The child needs ilr first.