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Posted: Mon May 21, 2012 5:42 pm
by alex199800
urgent ! need your help!
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Re: mn1 query
Posted: Mon May 21, 2012 6:27 pm
by alex199800
alex199800 wrote:urgent ! need your help!
i have just made an appointment to register for british citizen for my kids . my kids was born in uk before my wife got ILR.but i got some problem.
my wife was granted ILR under 10 year long residence as my dependent. ( she has beenmy dependent for 5 years before she got ILR) .now if i register my kids for british citizen under my wife. is there any problem? or should my kids become my wife's dependent first then register?
can anyone help pls??
Posted: Mon May 21, 2012 6:30 pm
by Jambo
There is no problem registering your children as BC.
For UK born children, one parent needs ILR. There is no need for them to be dependent on that parent (or even have a valid visa).
Posted: Mon May 21, 2012 8:36 pm
by alex199800
Jambo wrote:There is no problem registering your children as BC.
For UK born children, one parent needs ILR. There is no need for them to be dependent on that parent (or even have a valid visa).
Mr JAMBO
one more question. THANK YOU
although my kids were born in ulk. my son is 3 and my daughter is 6. they had stayed in my home country for 2 years . is there any problem with this when register
Posted: Mon May 21, 2012 8:42 pm
by Jambo
See Q2 in
Citizenship FAQs - Common Questions - Children.
Are they in the UK now? You will need to apply for registration in the country they are present.
Posted: Mon May 21, 2012 8:46 pm
by alex199800
MR JAMBO
my kids are in uk now. do you think if it is a problem that they have been absent in uk for 2 years?
thank you!
Posted: Mon May 21, 2012 8:53 pm
by Jambo
Have you read Q2 in the FAQ I referred to?
Check the third word there.
Posted: Mon May 21, 2012 9:35 pm
by alex199800
Jambo wrote:Have you read Q2 in the FAQ I referred to?
Check the third word there.
mr jambo
thank you i have read FAQ. can i ask a question regarding your answer?
what is it that is underlined pls?
This application is an entitlement and as such the HO has no discretion in the decision
if the statutory requirements are met
Posted: Mon May 21, 2012 9:58 pm
by Jambo
See the legislation -
BNA 1981 Section 1.
The application is under section 1(3). The statutory requirements are very simple:
1. The child is minor.
2. One of the parents becomes BC or settled.
3. An application is made (and fee paid).
There are no other requirements. If the ones above are met, a registration will succeed.
Posted: Tue May 22, 2012 11:50 am
by linkers
alex199800: you are confusing the ‘residential requirement’ for adults or kids born outside the UK with your kids.
As Jambo suggested, your kids were born in the UK and the ‘residential requirement’ doesn’t apply on them.