Page 1 of 1

naturalization for kids

Posted: Sun Sep 23, 2018 11:10 pm
by nomanwahab
Hi

I just received ILR after i won my appeal . i was applied my ilr 10 years long residency June 2016 and got refusal letter on January 2018 in country right of appeal . appeared on court and win my appeal and got my ILR august 2018.
my question is i have 3 kids all born here in uk . i am thinking to apply my naturalization first because i read somewhere after completed my 10 year in 2016 i wait for 2.5 years just because of UKVI they refused my visa. now i am eligible for apply straight my naturalization . so when i get my citizenship can my children as get citizenship straightaway or they have to apply for MN1 first. i am trying to save some money so if i got first citizenship then after my kids automatically become of British citizen don't need to spend money for my kids is it possible. ?
Please senior grues and respected moderator help me.

Many thanks

Re: naturalization for kids

Posted: Sun Sep 23, 2018 11:27 pm
by vinny
Unfortunately, if neither parent was settled nor British (nor had the right of abode), etc., when their children were born in the UK, then these children are not automatically British. However, these children are entitled to register immediately after a parent has ILR.

Re: naturalization for kids

Posted: Mon Sep 24, 2018 6:48 pm
by nomanwahab
Thanks a lot Vinny.

Re: naturalization for kids

Posted: Mon Sep 24, 2018 6:55 pm
by nomanwahab
one more question Respected Vinny Please

Some one told me i am eligible for ILR since 2016 but my appeal was pending and approved now in 2018 and granted ILR so still i have to wait for 1 year to apply my naturalization or is there any law i can apply straight away. Please help me in this regards

Thanks in advance.

Re: naturalization for kids

Posted: Thu Sep 27, 2018 1:14 am
by vinny
It may be possible to ask for discretion to waive the requirement
Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Applicants under section 6(1) who have not been free of immigration time restrictions for 12 months

Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.
Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:
...
the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault

Re: naturalization for kids

Posted: Thu Sep 27, 2018 9:37 am
by tehan
vinny wrote:
Thu Sep 27, 2018 1:14 am
It may be possible to ask for discretion to waive the requirement
Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Applicants under section 6(1) who have not been free of immigration time restrictions for 12 months

Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.
Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:
...
the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
Hi Vinny,
Thanks for this very useful information. My case is also quite similar to this post. Just wanted to ask, if the application was refused first and then got ILR following an appeal in June 2018 where the Judge says in the letter that the reason of refusal was not the applican't fault and it was out of their control, can that be a valid supporting evidence? my whole ILR process took 2 years 4 months. In that case can i apply for Naturalization now?
Thanks in Advance

Re: naturalization for kids

Posted: Thu Sep 27, 2018 1:45 pm
by vinny
Seems possible. Include evidence.