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Apply for naturalization with a child w/o ILR
Posted: Mon Nov 30, 2020 12:52 am
by Sergiy1972
My wife and I have a year gap in our ILR timings. I'm going to apply for BC.
My 17 years daughter will be eligible for ILR by that time (10 years, LR).
Her mother have ILR.
The question. Can I include my daughter into my naturalization application?
Or should she get an ILR first and than apply by herself?
Regards,
Sergiy
Re: Apply for naturalization with a child w/o ILR
Posted: Mon Nov 30, 2020 1:45 am
by CULLINAN
How are you going to apply for BC when you just got your ILR this month??
Also, if your daughter is born abroad, she has to get ILR first and can naturalise only after that.
Re: Apply for naturalization with a child w/o ILR
Posted: Mon Nov 30, 2020 1:52 am
by Sergiy1972
MN1 Guide
Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for
one or more children who are not automatically British at birth (see “Automatic
acquisition of British citizenship” above) to be registered as British citizens as part of
a “family application”. Children in this category will be considered at the Home
Secretary’s discretion and will usually be registered only if both the parents are
granted or already hold British citizenship, or if one parent holds British citizenship
and the other is settled in the UK.
Will something like this work?
PS. I'm planning my next steps.
Re: Apply for naturalization with a child w/o ILR
Posted: Mon Nov 30, 2020 2:03 am
by CULLINAN
Sergiy1972 wrote: ↑Mon Nov 30, 2020 1:52 am
MN1 Guide
Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for
one or more children who are not automatically British at birth (see “Automatic
acquisition of British citizenship” above) to be registered as British citizens as part of
a “family application”. Children in this category will be considered at the Home
Secretary’s discretion and will usually be registered only if both the parents are
granted or already hold British citizenship, or if one parent holds British citizenship
and the other is settled in the UK.
Will something like this work?
PS. I'm planning my next steps.
Such an application will be successful only if exceptional
discretion is applied in very rare cases. This is a risky route to take for children born abroad to non-British parents. They would need to get ILR first before they can be registered as BC (or naturalise if they are 18+ by that time).
Do you have an exceptionally strong argument why HO should apply this discretion in your case??
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https://assets.publishing.service.gov.u ... 6.0ext.pdf