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Is ILR mandatory for children
Posted: Sun Feb 17, 2019 5:54 am
by venkat2010
Hello,
I came to this counry in March 2010 on tier1 general visa. I got ILR in March 2015. Later got naturalisation certificate and passport as well.
My wife and 2 sons (8 years and 5 years. Both born in India) came to this country in June 2014 on tier1 general dependant visa. Later on March 2015 when I got ILR they became ILR dependants.
Please can you help me with the below question.
By June 2019 my wife and children complete 5 years in this country. In case of children do I need to apply for thier ILR? Can I apply for their naturalisation directly? One of my neighbour when he was applying for naturalisation (his wife and children didn't have ILR by that time and they didn't complete 5 years in this country), he applied for his children as well and got the naturalisation certficate and passport for him and his children.
Thanks in advance,
Venkat.
Re: Is ILR mandatory for children
Posted: Sun Feb 17, 2019 9:00 am
by CR001
Children born abroad are expected to hold ILR before they can apply for citizenship.
If your dependents switched to flr m in 2015, they will only qualify for ILR in 2020.
Re: Is ILR mandatory for children
Posted: Sun Feb 17, 2019 11:15 am
by secret.simon
venkat2010 wrote: ↑Sun Feb 17, 2019 5:54 am
One of my neighbour when he was applying for naturalisation (his wife and children didn't have ILR by that time and they didn't complete 5 years in this country), he applied for his children as well and got the naturalisation certficate and passport for him and his children.
Were the children of your neighbour born in the UK?
For children born abroad, read from Page 27 of the
Registration of children as British citizen guidance.
Page 30 of the document linked to above 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.
Re: Is ILR mandatory for children
Posted: Sun Feb 17, 2019 7:15 pm
by venkat2010
My neighbor's children were born in India.
Re: Is ILR mandatory for children
Posted: Mon Feb 18, 2019 10:07 pm
by kautya
venkat2010 wrote: ↑Sun Feb 17, 2019 7:15 pm
My neighbor's children were born in India.
When did the neighbours wife and children come to the UK and when did they get their entry visa ?
Re: Is ILR mandatory for children
Posted: Mon Feb 18, 2019 10:21 pm
by RJLK
venkat2010 wrote: ↑Sun Feb 17, 2019 7:15 pm
My neighbor's children were born in India.
Its seems interesting. Would you please tell us more about their journey and success, this would help others. I have seen few posts where children are registered without ILR but its on discretionary basis.
Re: Is ILR mandatory for children
Posted: Mon Feb 18, 2019 11:11 pm
by khan_80
venkat2010 wrote: ↑Sun Feb 17, 2019 7:15 pm
My neighbor's children were born in India.
Hi Venkat
Can you please get and share more information from your neighbor when did they apply. Also when they were applying for Their own and wife Citizenship, they applied for their Kids with them as well while kids not having ILR ?
I have read this as well that By Home Secretary discretion Kids Born abroad can get Citizenship with out ILR but not sure in which case the discretion will be used?