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A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 9:44 am
by Naseer
Hi,
I am going to apply for British Citizenship by the end of March 2021. I have had ILR for over a year now. Before that, I was on student visa. My wife and two children (14 and 11 now) came to the UK as PBS dependents on 14 August 2011. I got ILR based on long residency i.e. 10 years. They have been here for almost 9.5 years, although they were not born here.
My question is: When I apply for citizenship, can I also apply to register them for British citizenship?
I have spoken to a person who told me that when a person applies for citizenship, he or she can apply to register children under 18 as British citizen. Someone else told me that one parent should be British and the other should be on ILR. I read the guidance for MN1 form and it also says that when both or one of the parents are applying for citizenship then can apply to register children under 18 who were born outside the UK.
Please help me to reach a definite solution in this regard.
I would appreciate your time and effort.
Regards.
Naseer.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 9:48 am
by CR001
My question is: When I apply for citizenship, can I also apply to register them for British citizenship?
No you can't. Children born abroad require ILR first, as does the other parent, before they can be registered as British.
You were already advised of this last year.
indefinite-leave-to-remain/visa-categor ... l#p1887727
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 9:53 am
by vinny
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 10:02 am
by Naseer
Thanks for your reply. I have seen the link that you shared with me and in my previous question, I quoted from that which says that if one parent is applying for citizenship, they can register their children.
The reason for this confusion is this:
I spoke to the Home Office, they directed me to the list of fee paying and non-fee paying solicitors on the
www.gov.uk website. I contacted one of them and he said that in my situation, in can apply and he referred to this guidance. On the other hand, one of the moderator says I can't.
Why there seems to be two opposing opinions on that? or I am not getting it?
Please explain.
Thanks.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 10:11 am
by Naseer
CR001 wrote: ↑Wed Mar 10, 2021 9:48 am
My question is: When I apply for citizenship, can I also apply to register them for British citizenship?
No you can't. Children born abroad require ILR first, as does the other parent, before they can be registered as British.
You were already advised of this last year.
indefinite-leave-to-remain/visa-categor ... l#p1887727
I sent you this but I can't see it in the thread. Could you please explain this to me as what you say seems different to what is written here:
“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.”
This is from MN1 form as you know that.
Thanks.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 10:13 am
by vinny
Including Child’s parents’ circumstances, Child’s immigration status.
They expect wife and children to have ILR first.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 10:24 am
by Naseer
vinny wrote: ↑Wed Mar 10, 2021 10:13 am
Including Child’s parents’ circumstances, Child’s immigration status.
They expect wife and children to have ILR first.
I appreciate that, but why do they say that when one or both parent are applying, they may apply for my children?
Thanks.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 10:49 am
by vinny
Naseer wrote: ↑Wed Mar 10, 2021 10:11 am
“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.”
This is from MN1 form as you know that.
Thanks.
Re: A Question About Registering Children under 18 as British Citizens
Posted: Wed Mar 10, 2021 12:40 pm
by Naseer
vinny wrote: ↑Wed Mar 10, 2021 10:49 am
Naseer wrote: ↑Wed Mar 10, 2021 10:11 am
“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.”
This is from MN1 form as you know that.
Thanks.
What about this please:
"It is possible that a parent may apply for indefinite leave to remain (ILR) or
confirmation of permanent residence (PR) either at the same time as applying for the
registration of a child or before an application has been decided. In these
circumstances, the parent's application for ILR or PR must be determined first as the
outcome could affect the child’s registration application. A senior caseworker should
be consulted for advice in this situation."
Sorry to bother you again and again but the information is so confusing.