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Hi Experts,

I would like to apply Naturalisation for my daughter who resides in India and would like to know the procedure to do this. She is 5 years old born in India and I am believing I can apply for naturalisation on her parents basis as my wife and myself are about to attend ceremony very soon (I am going to apply her BC after we get our passports)
My questions are..
1) Is there a minimum criteria where she needs to live in UK to apply for BC? I have seen the FAQ’s and it categorically says that there is no residential requirements but just want to confirm.
2) Am I going to use MN1 or is there a different form for the kids born abroad?
3) Where to apply for BC in India, I am assuming in British High Commission? If yes is there a way to book an appointment?
4) With regards to referees I believe I can still use the UK bound referees?
5) I heard the timelines are longer in India than the timelines for applicants applying from UK, is this right?

Apologies if my questions are repeated ones.

Thanks in advance,
AK

You are mistaken and have been given incorrect advice from someone/somewhere.

I would like to apply Naturalisation for my daughter who resides in India and would like to know the procedure to do this. She is 5 years old born in India and I am believing I can apply for naturalisation on her parents basis as my wife and myself are about to attend ceremony very soon (I am going to apply her BC after we get our passports)

She doesn't suddenly become eligible for citizenship simply becuase you are becoming British. Children born abroad are required to hold ILR.

1) Is there a minimum criteria where she needs to live in UK to apply for BC? I have seen the FAQ’s and it categorically says that there is no residential requirements but just want to confirm.

No there is not but she is required to hold ILR.

2) Am I going to use MN1 or is there a different form for the kids born abroad?

It is the correct form, but she doesn't qualify.

3) Where to apply for BC in India, I am assuming in British High Commission? If yes is there a way to book an appointment?

She doesn't qualify and has no entitlement to apply for citizenship if she was born abroad.

According to your previous post, you have applied for a settlement visa???

immigration-for-family-members/settleme ... l#p1495289

You have also been given advice about the requirments for your daughter.

british-citizenship/mn1-3-1-without-ilr ... l#p1479984

As CR001 has advised, children born abroad do not have an entitlement to registration, but are registered at discretion.

For discretion to be exercised, the Home Office caseworker must be convinced that the child's future is in the UK. The factors they take into account are listed on Page 16 of Guide MN1.

• the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK 
• where the child’s future is likely to lie 
• the parents’ views 
• the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK 
• whether the child is of good character 
• the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13) 
• any compelling circumstances

The Nationality Guidance on child registration is more detailed. It states for instance that a child registering under Section 3(1) should have resided in the UK at least for some period of time.

(Page 29)
Residence in the UK
A child seeking registration as a British citizen under section 3(1) of the British Nationality Act 1981should normally have completed a period of residence in the UK because:
• it is consistent with the majority of other provisions under which a child can be registered
• it enables a child to establish personal connections with this country
• it helps confirm that a child’s future clearly lies here

If the child has spent more than six months in the recent past outside the UK, the caseworker can conclude that the child's future does not lie in the UK and hence can reject the application.

(Page 27)
Child’s future intentions
You must be satisfied that a child’s future is clearly seen to lie in the UK before you register them under this provision.

You should normally accept that a child’s future lies in the UK where this is stated in their application unless there is information to cast doubt on this, such as:
• the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
• the child is about to leave the UK
• one or both parents are resident abroad

Where you have reason to doubt a child’s future lies in the UK you must seek further clarification before refusing the application. If you are still not satisfied that the child’s future is in the UK you should refuse the application.

Read pages 27 to 32 of the Nationality Guidance for more details of what the Home office looks at when registering children under Section 3(1).

How old is the child? How long has the child been out of the UK and how long has the child stayed in the UK?

Thank you both for your valuable suggestions. Sorry I might have said this in my first post that I have applied for her settlement and she now holds a ILE, does it helps us to apply for her BC? I have got some valid reasons why she was not able to stay with us such as her mother's health, do you think it gives us an edge considering her case in a discretion?

Thanks,
AK

How much time has she been resident in the UK?

secret.simon wrote: ↑

Thu Sep 21, 2017 5:03 pm

How much time has she been resident in the UK?

Hi secret.simon, she stayed in UK for 11 months and later left India due to her mothers health.

Thanks,
AK

If your daughter has stayed in the UK for only 11 months out of 60 (as she is five years old), I would think that the caseworker would come to the conclusion that her future does not lie in the UK and there is a reasonably good chance that the application will be rejected.

Best to bring her to the UK (as she already has ILE) and register after a couple of years.

secret.simon wrote: ↑

Thu Sep 21, 2017 7:06 pm

If your daughter has stayed in the UK for only 11 months out of 60 (as she is five years old), I would think that the caseworker would come to the conclusion that her future does not lie in the UK and there is a reasonably good chance that the application will be rejected.

Best to bring her to the UK (as she already has ILE) and register after a couple of years.

Thanks secret.simon. Unfortunately I can't bring my daughter until next year.