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Children Naturalisation born outside UK
Posted: Thu May 20, 2021 12:26 pm
by prathap_u
Hi,
My wife and children are PBS dependants.
I came through Tier 2 General and ILR and then UK citizen. Now my wife and children are eligible for ILR.
I will apply ILR (set(o)) for my wife only, but not for my kids. Once she got ILR, Can I go ahead to apply naturalisation for my children instead of ILR because me hold UK citizen and my wife has ILR(settled in UK).
If any one has an idea on above, pls help to reply.
Thank you for your time.
Regards
Prathap
Re: Children Naturalisation born outside UK
Posted: Thu May 20, 2021 12:38 pm
by CR001
Your children born abroad need ilr first before they can apply for citizenship.
You should include them in your wife's ilr application.
Re: Children Naturalisation born outside UK
Posted: Thu May 20, 2021 12:58 pm
by prathap_u
Thank you
Re: Children Naturalisation born outside UK
Posted: Thu May 20, 2021 2:32 pm
by prathap_u
Hi,
When I refer
form-mn1-guidance.. URLs are below for reference.
https://www.gov.uk/government/publicati ... 1-guidance
https://assets.publishing.service.gov.u ... -Jul19.pdf
If we look into
Page 13 of 25 @ section -
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."
What does it mean? Can not I get in this category to apply naturalization for my children?
Thank you for your time.
Regards
Prathap
Re: Children Naturalisation born outside UK
Posted: Thu May 20, 2021 7:45 pm
by secret.simon
You have found the correct guidance. Keep reading further down that section to Page 15.
However, in considering any application not specifically covered above consideration will be given to:
•the child’s connections with the UK –we would expect the child to be free of any restrictions on their stay in the UK
•where the child’s future is likely to lie
•the parents’views
•the parents’ nationality and immigration status –we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
•whether the child is of good character•
the length of time the child has lived in the UK –we expect at least 2 years residence (particularly if the child is over the age of13)
•any compelling circumstances
Also see the
Registration as a British citizen: children caseworker guidance from Page 27 onwards. In particular, see the paragraph below on Page 30.
Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
•indefinite leave (IL)
•permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.