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Naturalisation Eligibility for Dependant & Child

Posted: Mon Oct 26, 2020 3:32 pm
by Rambo_ILR
Hello All,

Firstly a huge thanks for this forum. Very helpful over the years!

My naturalisation has been recently approved and i'm currently waiting for ceremony invitation letter.

Meanwhile I’m thinking to get documents & application ready for my child and wife for their BC application but want to check if they are eligible to apply

Both have applied for ILR recently and awaiting decision through Tier 2 Dependant visa

1. Child born in India. Once my child ILR is approved can I apply for his citizenship straightaway or do we need to wait for 12 months? (Hoping to get my ceremony done before his BC application)
2. Also is my wife eligible to apply based on 3 years residence only, (again hoping to get my ceremony done by the time she makes an application) or
3. Does she need to satisfy 5 years + 12 month ILR requirement? She had almost 20 months maternity break in India, but returned back to UK during Oct 2017 with the child. Is it possible for her to apply as spouse of BC under 3 year residence requirement? (Since Oct 17, She was only away once from 02 Dec18 to 17 Mar19)
4. Do I need to get the British passport before I make their application (or) completion of ceremony will do?

Thanks in Advance!

Re: Naturalisation Eligibility for Dependant & Child

Posted: Mon Oct 26, 2020 7:28 pm
by CULLINAN
The quickest route would be when you become British first i.e. attend your ceremony (BP is irrelevant). Your spouse can apply on basis of British spouse then as per Section 6(2) right after her ILR.

or Section 6(1) in own right, min 12 months on ILR.

Both sections have their own residence requirements. Check the AN guidance.

Re: Naturalisation Eligibility for Dependant & Child

Posted: Mon Oct 26, 2020 7:46 pm
by Rambo_ILR
CULLINAN wrote:
Mon Oct 26, 2020 7:28 pm
The quickest route would be when you become British first i.e. attend your ceremony (BP is irrelevant). Your spouse can apply on basis of British spouse then as per Section 6(2) right after her ILR.

or Section 6(1) in own right, min 12 months on ILR.

Both sections have their own residence requirements. Check the AN guidance.
Thanks Mate. Due to maternity break I believe she would need to wait for another two more years if its via 6(1) including 12 months on ILR - A bit long shot!

I think its better we apply via 6(2) with 3 year residence requirement.

Anyhow can the child still apply on his own once my ceremony done? if decided otherwise for the dependent

I hope its MN1 for Child and AN(Usual) for spouse?

Thanks! :)

Re: Naturalisation Eligibility for Dependant & Child

Posted: Mon Oct 26, 2020 7:56 pm
by CULLINAN
For children born outside the UK, both the child and the other parent should have ILR and one parent should either be a British citizen or be applying to be a British citizen. MN1 for child. AN for spouse.