Immigrationboards.com

Hi there,
I was on Tier 2 visa and got the ILR on 10 November 2019. After a year passed, I applied for citizenship for me and my kids. My kids at the time of the citizenship application had a Tier 2 extended visa. I did not apply for ILR for them because I thought that we can get the citizenship together since their Tier 2 extension visa was ending in 15 November 2020. I thought that since I meet the citizenship requirements and my husband is settled ie, he has ILR my kids will be able to get the citizenship.

I got the emails and my application was approved and my kids application was rejected. My kids are 2 years and 4 years. The reason in the letter said: “Your application for registration has been refused for the following reason(s): Normally, a minor will not be registered if, as appears in this case, s/he is not 'settled' in the UK as defined by the immigration laws.”

I am now waiting for my citizenship ceremony but is wondering what I should do next for the kids.
Can I wait till I get my citizenship and reapply for them with their expired visa? I will then be a british citizen and my husband will be on ILR.
I obviously want to avoid applying for ILR for them since it will be a waste of time waiting for the ILR to come out while waiting for citizenship. Thanks for your help.

Are your children born abroad?

Children born abroad (in your case) need ILR first before they can be registered as British Citizens. Children born abroad can apply for ILR when the other parent (less privileged in immigration terms) also applies for ILR.

What is your partner’s immigration status?

Yes, my children are born abroad. My partner has ILR.

Can I just apply for citizenship for them once I get it or do I need to apply for ILR for them even if I become a British citizen?

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Page 16

There is a discretionary Section 3(1) which could apply (on discretion) in your case but HO has clearly not applied discretion in your case.

Your children will have to apply for ILR first. Once ILR is approved, you will have to register them as British Citizens.

Thank you Cullinan for the replies.
just to make sure that I understand, what you are saying is that they need ILR before applying for citizenship even if I become a British citizen.

One more question please, if I apply for ILR for them, when can I apply for their citizenship?

Thank you very much for you help.

Thank you very much Cullinan