Immigrationboards.com

Hello folks,

I got a very weird request and some might say stupid.
Here goes.
So two of my Children ( ages 12 and 6 ) are born abroad and one in UK.
The child born in UK is already a British citizen

Me and my wife and my two children born abroad are in ILR for over 12 months and they are in uk for 3 and a half years in total.

I personaly do not want to apply for british citizenship at all and want to stay in ILR, but to apply for my children i found that one of the parents need to be applying for naturalization under section 3 (1)

so i am forced to apply, to apply for my children.


My question is ,

1. if i apply for me and children together and once received , can i apply for childrens citizenship and then cancel my naturalization without affecting the ILR,I am from a dual citizenship country if it helps.
2. Is there are a way i can apply for childrens citizenship while both parents being on ILR since one sibling is British.

Is it the case that ILR ceases to exist once i take the oath and not with naturalization.

Thanks for your assistance.

muzzybee wrote: Is it the case that ILR ceases to exist once i take the oath

Yes.

Your children born abroad also won't qualify for citizenship if neither parent is applying at the same time.

Tricky question .... ILR ceases once you are naturalised so if you complete naturalisation process then you cannot go back to the same ILR. You will have to go through the whole route again to gain ILR again.

But I think there might be one solution. Technically, adults are not considered naturalised until they have attended the ceremony and it is required to attend ceremony within 3 months of approval by home office. Adults get their naturalisation cert in the ceremony and are considered naturalised from the date of the ceremony. In contrast children don't need to attend a ceremony and they simply get their naturalisation cert in post. So "in theory" you can apply along with your children and then when you get your children's cert in post and your invite for ceremony just don't attend the ceremony.

See the quoted text in the last post here http://www.immigrationboards.com/britis ... 46802.html

Seniors will tell you better but I think this just might work.
Out of curiousity why dont you just keep both citizenships? You already said your current country allows it.

zeusmagnanimous wrote: Out of curiousity why dont you just keep both citizenships? You already said your current country allows it.

muzzybee wrote: I got a very weird request and some might say stupid.

OP thinks it might be deemed as weird. That's what I thought.

Thanks All for your responses,
@CR001 - It Says one parent have to apply and the other in ILR

@zeusmagnanimous -
Thanks Good point,and thanks for the link, yeah it seems quite clear based on that you need to attend the ceremony to be considered british ,but still these sections have a very big ambiguity in them , i wish the home office could have clear guidelines in these.


@fwd079 - Haha yeah i am complicating it am I ?

muzzybee wrote:Thanks All for your responses,
@CR001 - It Says one parent have to apply and the other in ILR

But if you withdraw, you won't be meeting the requirement and their applications might fail as it is an application based on discretion. It is a lot of money to lose.

Muzzybee,

Why would anyone who is in a favourable position as you (assuming you can meet all the criteria of obtaining citizenship), have come such a long way in settling in UK (3.5 years), apply for both you and your childrens naturalisation together, but you yourself will not want to accept the naturalisation if approved? I understand that its your personal choice, but you are already paying for the fees, yours and your childrens applications. If your children can apply on their own, then I guess its a non-issue. It would be an honour and priviledge, and does not invalidate your other country of origin citizenship. This can only be positive. Unless its not?

You are already spending effort and money on your childrens' naturalisation, but you are just going to throw it away for yourself.

I am very curious to know your reason for doing this. Im sure other posters would like to know, if you don't mind sharing.

Very bizarre.

While I cannot comment on OP's circumstances and intention but just wanted to say that even though a country might allow dual citizenship, gaining another citizenship can sometimes lead to some restrictions or disadvantages in the original country e.g. holding public office etc.

If the parent withdraw, then the child's application may fail.

vinny wrote:If the parent withdraw, then the child's application may fail.

..... and there I was feeling like Sherlock Holmes for solving such a complicated case

Haha, The situation is, the dual citizenship in my country was stopped and re introduced after a long time and , can change depending on political changes ,so it can be a temporary thing.

Also, I am not intending to withdraw Not as soon as i receive naturalization , i will only cancel after i apply for childrens passport and once they receive them.
Then i will hopefully cancel, before the citizenship ceremony.
I understand there is a lot of money involved folks , but i think end of the day i might only lose my share of the naturalization as long as i can maintain the ILR.
Which is still too much , but i prefer being on ILR in the long term if that makes sense.

@CR001 - I will only cancel after receiving the passports for children , which i am planning to apply as soon as i receive the naturalization.

If child's application depends on parent being granted citizenship, then parent cannot withdraw before the ceremony.

i.e. They may issue the children's registration certificates after the parent is successfully naturalised.

Applying for naturalisation just to get BC for children and then wilfully not attending the ceremony is like trying to bend the rules to meet the criteria for someone else, in other words, its called deception and will be caught sooner or later

Don't think the HO is dumb enough to send the naturalisation certs for kids before you get yours as they qualify only if you are a BC

vinny is absolutely correct.

My own application AN and daughter's MN1 got approved at the same time, but Council gave me her
Registration Certificate after I took the oath and got naturalised, signed and received my own Naturalisation Certificate.

You can always have your Citizenship annulled, but in either case, that would also means as soon as you are approved, your ILR ceases to exist, you cannot revert back to ILR.

You have mentioned that you do not wish to apply for citizenship. Would your wife, who you mentioned is also on ILR, be willing to apply for citizenship, assuming that she is eligible?

See also the threads below about renouncing UK citizenship once it has been acquired.

http://www.immigrationboards.com/britis ... l#p1145764

http://www.immigrationboards.com/britis ... l#p1145793

Thanks a lot everyone for your advice looks like i will have to research about this bit more ,i dont think my wife will have an issue applying but she will have to wait for another year and a half to complete five years in UK

You seem to be dodging the question, why exactly do you not want BC?

Like another poster said, even if you pull it off and receive the children's BC (naturalization cert) before your own - which I hardly doubt you will - it will amount to deception because they would have received theirs based on your application. Again why is it that you want to stay on ILR?

it is not dodgning the question it is just a personal choice , i want the freedom to be staying on my own countrys passport and dont want any complications in that,

Dual citizenship is Beta version At the moment as i heard.

if it is deception then obviously i would not go through with it at all, or might just go ahead with the naturalization, i just wanted to know if there is a way to do it legally and properly.Thats all.

one of the main reasons i dont want to compromise my citizenship back home is i am planning to open a up a business and buy property as well , so if i end up british i lose my rights back home , as i said the dual citizenship is there , but they just re introduced it after a lapse and i need to be sure that it wont change.

muzzybee wrote:@LIMA254 -one of the main reasons i dont want to compromise my citizenship back home is i am planning to open a up a business and buy property as well , so if i end up british i lose my rights back home , as i said the dual citizenship is there , but they just re introduced it after a lapse and i need to be sure that it wont change.

Now that you explain it that way. I say do whats best for you. But remember HO can come after your kids citizenship if they think they may have acquired it "fraudulently" - their word not mine.

And sorry for my word choices in the previous post. All the best and hope all goes well for you

You do realise that you can lose your ILR if you are absent from the UK for 2 years or more?

As an aside, when I attended my ceremony, families who applied together were given all the certificates at the ceremony for both adults and children. For this reason, I doubt your plan as you originally posted, will work.

i know i might lose after 2 years, but i have too much back home to sort out

It is your choice but seems a waste to spend so much money through visas and ILR and then lose it and only have to start again from scratch to return to the UK if you don't apply for citizenship. Just my view and opinion.

Good luck with future plans, I hope it all works out for you.

Thanks guys, yeah i think i might have to look into this and maybe go for it and get the citizenship and apply for dual