Immigrationboards.com

Hello. Me and my child (13 years old, born outside the UK) both have held ILR for a year now. The ILR was obtained based on 10 years of residence. We plan to apply for UK naturalisation. Kindly advise on the following questions:
1. Can me and my child both apply at the same time?
2. From ‘Citizen FAQ-common questions-read before posting’:
‘If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect the other parent to hold (or to be close to holding) a ILR/PR status.’

If my husband can only apply in 4 years for ILR (currently he is on family visa), will this affect mine and my son’s naturalisation application in any way?

Many thanks.

Dear Moderators,

Please advice if my question was worded incorrectly or there are other issues with it since there is still no answer.

My main question, can I register my child as a British citizen given that only I am applying for naturalisation while my husband is still on family visa.

Many thanks.

Likely it will be rejected as your husband is expected to hold ILR. I suggest to wait for the child. Your husband will be able to apply for citizneship with your child after you naturalise.

It is generally quite rare for children born outside the UK to be given ILR with the first parent. It is far more common for the ILR to be given with the second parent. Were there any special circumstances (such as sole parental responsibility) due to which the child was given ILR with the first parent?

See from Page 27 onwards of the Registration of children as British citizens guidance document for how caseworkers would evaluate your child's application.

secret.simon wrote: ↑

Mon Apr 06, 2020 5:53 pm

It is generally quite rare for children born outside the UK to be given ILR with the first parent. It is far more common for the ILR to be given with the second parent. Were there any special circumstances (such as sole parental responsibility) due to which the child was given ILR with the first parent?

See from Page 27 onwards of the Registration of children as British citizens guidance document for how caseworkers would evaluate your child's application.

Not for 10 years long residence ILR if the child met the 10 years requirment as they would have qualified in their own right.

Thank you for all your replies.

My main concern is that the child, now 13, already has ILR (based on 10 years), has lived in the UK for 11 years now, and according to this rule cannot naturalise while I can, having same ILR. In that case, is there a way for him to apply separately now?

My husband has recently started his first family visa so will only be able to apply for ILR in about 5 years when the child is over 18. Is there a faster way to naturalise for them provided I am successful with naturalisation? Not sure if this is relevant but my husband actually lived with us all 11 years except for recent 2 years that he spent abroad (for which reason he couldn't apply for ILR with us and is now on family visa).

Thank you!

Did you read through the document that I linked to?

You need to give them a reason to exercise discretion and set the expectation (of one parent having ILR and one parent applying for or having British citizenship) aside. Some examples of when they would consider exercising discretion are given in the document.

In extremis, as you mentioned, the child will have to naturalise on or after their 18th birthday, when there is no requirement as to the status of the parents.

Thank you for your answers.

Dear Moderator,

I have a follow up question regarding my application. I filled in the online form and reached to the next stage, where I have to confirm that I have the documents from the list. One of the documents is a referee declaration. I have seen on the forum here that people were asking how to correctly fill it in but my problem is that cannot find the form itself. Could you please share the link? Maybe the blank form appears at a later stage?
Thank you.

Thank you very much for your quick reply

I would like to clarify one more question from the application form, which is 'Do you have any dependants not applying with you at this time?' As explained above, my son has ILR and my husband has family visa. They are not applying with me. My question is whether they are considered as my dependants.
Thanks.