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Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:02 pm
by ashehzi
Hi,
Myself, my wife and my daughter all got ILR last year in September (2015). It is now more than a year. We want to apply nationality for my daughter only at the moment. My wife and I are not applying now and will apply in a months time. In short, the application is only a child who is on ILR for more than a year and his parents are also on ILR for more than a year.
So, can we apply for her nationality only? Or it is must that we all apply at the same time. If yes, what should be the category under which we can apply for her?
Regards
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:06 pm
by noajthan
Was child born abroad?
If so registration is discretionary (at Home Secretary's discretion) and parent/s should be applying or should have been naturalised;
section 3(1) of BNA.
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:09 pm
by ashehzi
noajthan wrote:Was child born abroad?
If so registration is discretionary (at Home Secretary's discretion) and parent/s should be applying or should have been naturalised;
section 3(1) of BNA.
Yes, she was born abroad, has ILR already for more than a year but we just want to apply for her nationality at the moment. Both parents are on ILR, but not nationals yet.
Does it mean she cannot apply alone if both parents are on ILR only.
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:21 pm
by noajthan
ashehzi wrote:Yes, she was born abroad, has ILR already for more than a year but we just want to apply for her nationality at the moment. Both parents are on ILR, but not nationals yet.
Does it mean she cannot apply alone if both parents are on ILR only.
Yes, it does mean that.
If you leave UK (as mere ILR is not for ever) then she would be stuck with BC with noone else in family being British.
- hardly makes sense.
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:24 pm
by ashehzi
Makes sense. We will all then apply together. Our son who was born here already has British Nationality but it does not make noise that parents are on ILR only, not just for us but for anyone as rule 1 (3).
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:30 pm
by noajthan
ashehzi wrote:Makes sense. We will all then apply together. Our son who was born here already has British Nationality but it does not make noise that parents are on ILR only, not just for us but for anyone as rule 1 (3).
Different rules apply for those fortunate enough to be born in UK.
3(1) registration for a foreign-born foreign child is discretionary (not guaranteed at all);
whilst a 1(3) registration is an entitlement due to place of birth.
Re: Applying Nationality - only for child - not parents
Posted: Fri Oct 07, 2016 3:47 pm
by noajthan