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child born outside the uk
Posted: Tue Jun 12, 2018 10:15 pm
by himem
The child was born before I became British citizen and before the mother got an ILR.
The child has a tier1 visa which expires soon.
Do I need to get an ILR for the child before filing mn1 ? (and registering him as BC)
Re: child born outside the uk
Posted: Tue Jun 12, 2018 11:42 pm
by secret.simon
himem wrote: ↑Tue Jun 12, 2018 10:15 pm
Do I need to get an ILR for the child before filing mn1 ?
It is expected that children born abroad have ILR before applying for registration under Form MN1.
Re: child born outside the uk
Posted: Wed Jun 13, 2018 9:07 am
by himem
Is it explicitly mentioned somewhere that a child has to have ILE/ILR before applying for citizenship?
or this is a grey area ? (where I can try and it might work)...
Re: child born outside the uk
Posted: Wed Jun 13, 2018 10:07 am
by CR001
According to your other topic, your child's visa has already expired?
immigration-for-family-members/ile-for- ... l#p1643003
How old is the child??
Re: child born outside the uk
Posted: Wed Jun 13, 2018 10:57 am
by secret.simon
himem wrote: ↑Wed Jun 13, 2018 9:07 am
Is it explicitly mentioned somewhere that a child has to have ILE/ILR before applying for citizenship?
or this is a grey area ? (where I can try and it might work)..
It is an expectation (the child should have ILR/ILE, but the caseworker can look at other compelling circumstances), not a requirement (in the absence of ILR/ILE, the application must fail).
Page 30 of Nationality Guidance - Registration as a British citizen wrote:As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so.
You can chance it of course. If you lose, you lose the fee and will then have to pay for ILR and registration.