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Child born outside UK - possibility to register as British
Posted: Fri Oct 23, 2020 10:00 am
by Rmawan
I have recently received my 1st British Passport but my wife is still PBS Dependent and so are my two children. My youngest child has already citizenship as she was born in the UK.
Is there any possibility for me to apply for my two children's naturalisation who are PBS dependents, on Discretionary bases. Both the children have been living in the UK for more than 3 years now and both are under 18. I am concerned as my wife hasn't got ILR yet and I have my application already approved.
Can anybody here who has been in similar situation please share their experience? I do want to apply ASAP.
Thank you.
Re: Child born outside UK - possibility to register as British
Posted: Fri Oct 23, 2020 1:18 pm
by CR001
Your children born abroad require ilr before they can be registered as British.
They must apply for ilr with your spouse.
Re: Child born outside UK - possibility to register as British
Posted: Fri Oct 23, 2020 3:47 pm
by ramkada
There is way under Section 3(1) - home office discretion, home office may consider the Naturalisation application for kids born outside the UK, if the below conditions met along with other Naturalisation rules
1. One of the parent having British Passport or applied for Naturalisation
2. other parent should be settled in UK (i.e., ILR)
3. Clear vision to settle down in the UK i.e., making UK as your first home.
I have recently applied in this category and the application was successful. Couple of my friends applied couple of years back and they were successful too.
Re: Child born outside UK - possibility to register as British
Posted: Sat Oct 24, 2020 4:20 pm
by a--R
hi ramkada
Would you able to share supporting letter you have used for your child for section 3(1) application pls?
I am in similar situation and it would help everyone to understand this further?
Family situation:
1) Husband British , WIFE received approval letter for naturalisation (awaiting ceremony) , joint with mortgage and Business registered in UK.
2) One UK born Sibling is British
3) One Child born abroad currently 9 years and i am considering to apply direct for registering as british citizen for child under 3(1)
Thanks
Re: Child born outside UK - possibility to register as British
Posted: Sun Oct 25, 2020 12:21 am
by ramkada
There is no special letter required. There is a question related setting UK as your first home, just select Yes.
Re: Child born outside UK - possibility to register as British
Posted: Fri Oct 30, 2020 11:15 am
by a--R
Hi ramkada
How did you proof circumstances outweigh the expectation that the
child be free of restrictions? i assume you must have attached letter with application with your reasons?
Also strong compelling compassionate circumstances ?
any help will be appreciated.
thanks
Re: Child born outside UK - possibility to register as British
Posted: Sat Oct 31, 2020 4:55 pm
by ramkada
Hi - we have not attached any special letter as such. We were living in UK more than 5 years continuously without leaving UK apart from holidays (20-30 days in a year). I believe as long as they think you are going to settle in UK, they would consider under section 3(1), if one parent holding Citizenship and the other parent holding the settlement visa (i.e., ILR). Hope that helps.
Re: Child born outside UK - possibility to register as British
Posted: Fri Nov 06, 2020 10:29 am
by Rmawan
Hi CR001,
Thanks for your reply. Is it possible if I send ILR application for my wife and send naturalisation application for my children at the same time instead of their ILR application? Or do they have to have ILR before they apply for naturalisation? Thank you for your help!
Re: Child born outside UK - possibility to register as British
Posted: Fri Nov 06, 2020 10:37 am
by CULLINAN
CR001 wrote: ↑Fri Oct 23, 2020 1:18 pm
Your children born abroad require ilr before they can be registered as British.
They must apply for ilr with your spouse.