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Hi

I need a small help. Me and my wife both have ILR since 4 months and even my daughter is on ILR same like us since 4 months. My other 2 kids have British Passports as they were born in UK. My daughter 7 year old was born in NZ and she is in UK with us since 5 1/2 years and as I said she is on ILR too. What I want to know is can I apply for British Registration for my daughter with MN1 under section 3(1) right now as we are planning to send my kid back to India

Please let us know, the chances of my daughter getting approval for the above case and if there any good solicitors, who can help with this.

This is really really important sir. please help.

Regards

Chandu

For born abroad child applying under 3(1), child can only apply once a parent applies for BC.

chandu2004 wrote:Hi

I need a small help. Me and my wife both have ILR since 4 months and even my daughter is on ILR same like us since 4 months. My other 2 kids have British Passports as they were born in UK. My daughter 7 year old was born in NZ and she is in UK with us since 5 1/2 years and as I said she is on ILR too. What I want to know is can I apply for British Registration for my daughter with MN1 under section 3(1) right now as we are planning to send my kid back to India

Please let us know, the chances of my daughter getting approval for the above case and if there any good solicitors, who can help with this.

This is really really important sir. please help.

Regards

Chandu

Hi Chandu - if you are not qualified to apply for BC then don't apply for your kid

Rule says if either of parents are applying for naturalization, then they can include their kids (under 18) as family application


You are saying that you have been on ILR since only 4 months which is very risky...I don't think even solicitor can help but better take their advice. I have read complete document on discretion for registration of minors it says either or both parents should qualify for naturalisation and should have applied together with kid even then it is at discretion of HO

Chandu - please read through link below


CHAPTER 9: REGISTRATION OF MINORS AT DISCRETION
SECTION 3(1) BRITISH NATIONALITY ACT 1981


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks very very much as you said it is better for me to wait till we are eligible to apply for BC. Can my kid go to india now and can come back to UK when we are ready for BC

chandu2004 wrote:Thanks very very much as you said it is better for me to wait till we are eligible to apply for BC. Can my kid go to india now and can come back to UK when we are ready for BC

Yes.

Note: For children aged 13 or over continuous residence in UK apply

Thanks for the input and your valuable suggestion.My kid is just 7 years, so she can travel before she comes back to apply for her BC registration along with us in end of June next year.

Thanks once again

chandu2004 wrote:Thanks for the input and your valuable suggestion.My kid is just 7 years, so she can travel before she comes back to apply for her BC registration along with us in end of June next year.

Thanks once again

Bear in mind - if you are main applicant you cannot be outside UK for more than 90 days in the last 12 months before date you apply for BC

All the best!

Is it not 100 days now

chandu2004 wrote:Is it not 100 days now

upto 100 days normally disregarded...100 should still be okay

Thanks for that. From end of this year, so we will be out of the country for around 175 days before we apply for BC. Honestly, I have checked the ukba website and they say any days in between 100 - 180 days would be disregarded if we have been resident ( which we are as we are out of country less than 100 days in last 5 years and 8 months ) and am planning to keep this rented home till v apply for BC so uk is still our residence

chandu2004 wrote:Thanks for that. From end of this year, so we will be out of the country for around 175 days before we apply for BC. Honestly, I have checked the ukba website and they say any days in between 100 - 180 days would be disregarded if we have been resident ( which we are as we are out of country less than 100 days in last 5 years and 8 months ) and am planning to keep this rented home till v apply for BC so uk is still our residence

if you think you satisfy UKBA requirements as stated on the UKBA site you should be okay

I hope so sir. If guys like you can confirm this, that would be much much appreciated sir.

chandu2004 wrote:I hope so sir. If guys like you can confirm this, that would be much much appreciated sir.

I know as much as you my friend please check link below

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

This was the page, I was referring too as well.

Quote from UKBA website,

"If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if:

you have met the residence requirements over the qualifying period "AS I SAID I AM NOT OUT OF COUNTRY FOR MORE THAN 100 DAYS IN LAST 5 YEARS AND 8 MONTHS, SO I GUESS I SHOULD BE OK. PLEASE CONFIRM; and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here. WHAT DOES THIS MEAN?"

chandu2004 wrote:This was the page, I was referring too as well.

Quote from UKBA website,

"If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if:

you have met the residence requirements over the qualifying period "AS I SAID I AM NOT OUT OF COUNTRY FOR MORE THAN 100 DAYS IN LAST 5 YEARS AND 8 MONTHS, SO I GUESS I SHOULD BE OK. PLEASE CONFIRM; and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here. WHAT DOES THIS MEAN?"

Guru/Senior Members - advice please...

Please Gurus, Please help me out as this is a major decision, which we need to take. please please help us out with your expert advice

As far as I understand, it is only the child that is leaving the UK, not you, correct?

Your quotes refer to adults naturalisation. There are not applicable to a child registration. Saying that, the HO would like to see that the child future clearly lies in the UK and having spent a long time abroad might affect that. Is the child enrolled in education in India? Will the child continue to live in India in the next few years?

If both of you apply for BC, I would think the child application would be granted even if the child has spent some months abroad before the application as long as it is clear the child future is in the UK.

Thanks Jumbo for your prompt reply. Sorry Jumbo. I am asking about me and my wife leaving UK for 5 or 6 months as we need to be in india, so yes this question is about us applying for naturalisation.

This was the page, I was referring too as well.

Quote from UKBA website,

"If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if:

you have met the residence requirements over the qualifying period "AS I SAID I AM NOT OUT OF COUNTRY FOR MORE THAN 100 DAYS IN LAST 5 YEARS AND 8 MONTHS, SO I GUESS I SHOULD BE OK. PLEASE CONFIRM; and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here. WHAT DOES THIS MEAN?"

5 or 6 months is over the final year's normal limit and will require further consideration of your circumstances.

Vinny Thanks for your reply. What do u mean by further consideration of my circumstances and also what are the chances of us getting BC. Please let me know.

chandu2004 wrote: establishing your home, family and a large part of your estate here. WHAT DOES THIS MEAN?"

That simply means that you have established home, family and a large part of your estate here in UK.

http://dictionary.reference.com/browse/home?s=t

http://dictionary.reference.com/browse/family?s=t

http://dictionary.reference.com/browse/estate?s=t

so you mean I should still be renting my house and paying council tax and keep my car in the garage even when I am out of the country for the next 5 to 6 months just before I apply for my BC. Am I right sir?

Yes. But that alone may not be enough to show ties. If you do not have any family who is left behind in UK, then it will be impossible to show ties. It will be seen like a move to a different country, and then moving back again.

Also, if the absences in the final year are more than 180 days, then even family ties won't work.

Simply put, a single day more than a 100 days absence in the final year will be a terrible headache. Avoid it if you can.

Thanks yaar as I an really really unwell and I need to be indiaand iI dint know how to approach this can I apply on compassionate grounds