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Naturalisation Application
Posted: Tue Jul 13, 2021 7:04 am
by bilallondon
hi,
recently i granted ILR though long residency. when i am checking the guidance they change the wait of 12 months in the guidance.
my question is can i apply for naturalisation strightway or i have to wait 12 more months to apply.
my partner is not British.
regards,
Re: Naturalisation Application
Posted: Tue Jul 13, 2021 7:07 am
by CR001
You have to wait the full 12 months on ilr. This is not a new "change", it has always been 12 months if not married to a British citizen. Unsure why you believe this is a new change??
Re: Naturalisation Application
Posted: Tue Jul 13, 2021 7:30 am
by bilallondon
i can not see anything that stopping me applying for Naturalisation when i got ILR through LR as i already completed 10 years in UK. the other rule is for partner who live for 3 or 5 years.
can u pls help me find where is written i have to wait for 12 months.
Re: Naturalisation Application
Posted: Tue Jul 13, 2021 7:55 am
by CR001
Everyone who is not married to a British citizen has to wait 12 months on Ilr, regardless of your route to ILR or how long you have been in the UK.
The 5 Year requirement for citizenship is under completely different laws to immigration applications. Citizenship is not an immigration application.
If you apply without waiting, you will be refused and lose your fee as you don't meet the requirement of holding ilr for 12 months.
https://www.gov.uk/british-citizenship
If you have indefinite leave to remain (ILR)
You can usually apply for ILR after you’ve lived in the UK for 5 years.
To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.
Re: Naturalisation Application
Posted: Tue Jul 13, 2021 8:08 am
by bilallondon
ok thanks
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 1:10 am
by bilallondon
another question if you can answer.
i can see new immigration bill in parliament , and i am planning to apply MN1 for my child age 3 no status at present.
my question is there any changes coming up regarding UK born child no status and applying for BC.
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 11:06 am
by secret.simon
bilallondon wrote: ↑Wed Jul 14, 2021 1:10 am
is there any changes coming up regarding UK born child no status and applying for BC.
Doesn't appear to be so.
Most of the nationality law changes in the
Nationality and Borders Bill are focused on rectifying the historical differences between children born to British mothers before 1983 and to unmarried British fathers before 2007.
It is mainly a tidying up exercise to bring the law into line with court judgements on these topics.
Keep in mind that if you or the other parent of the child is Pakistani, the child is automatically Pakistani by Pakistani law, even if they do not have a Pakistani passport and so is not stateless. That is in contrast to children of Indian citizens born in the UK, who are not automatically Indian citizens but must be registered so, by Indian law. Don't confuse the two situations.
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 12:02 pm
by JB007
secret.simon wrote: ↑Wed Jul 14, 2021 11:06 am
bilallondon wrote: ↑Wed Jul 14, 2021 1:10 am
is there any changes coming up regarding UK born child no status and applying for BC.
Doesn't appear to be so.
Most of the nationality law changes in the
Nationality and Borders Bill are focused on rectifying the historical differences between children born to British mothers before 1983 and to unmarried British fathers before 2007.
I think he is asking about citizenship for his child that was born in the UK but has no visa? Whether his 3 year old child can apply for citizenship now he (the parent) has ILR?
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 1:56 pm
by JB007
secret.simon wrote: ↑Wed Jul 14, 2021 11:06 am
bilallondon wrote: ↑Wed Jul 14, 2021 1:10 am
is there any changes coming up regarding UK born child no status and applying for BC.
Doesn't appear to be so.
Most of the nationality law changes in the
Nationality and Borders Bill are focused on rectifying the historical differences between children born to British mothers before 1983 and to unmarried British fathers before 2007.
It is mainly a tidying up exercise to bring the law into line with court judgements on these topics.
Keep in mind that if you or the other parent of the child is Pakistani, the child is automatically Pakistani by Pakistani law, even if they do not have a Pakistani passport and so is not stateless. That is in contrast to children of Indian citizens born in the UK, who are not automatically Indian citizens but must be registered so, by Indian law. Don't confuse the two situations.
Although the OP seems to be taking about citizenship for his child without a visa in the UK and not his child being stateless?-
For parents who have not registered their child's UK birth in the hope of claiming their child is stateless 5 years later (then using that child to remain in the UK themselves) doesn't section 9 of your link end that?
Although it seems India (who you mentioned) has already agreed to take back these children that their parents never registered, using just the child's British birth certificate.
https://www.gov.uk/government/consultat ... e#chapter3
I assume that reducing visa numbers under this Bill for those countries who will not take their citizens back, would also affect some countries?
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 2:09 pm
by JB007
JB007 wrote: ↑Wed Jul 14, 2021 1:56 pm
Although it seems India (who you mentioned) has already agreed to take back these children that their parents never registered, using just the child's British birth certificate.
https://www.gov.uk/government/consultat ... e#chapter3
I assume that reducing visa numbers under this Bill for those countries who will not take their citizens back, would also affect some countries?
Wrong link
general-uk-immigration-forum/potential- ... l#p2019913
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 5:59 pm
by secret.simon
@JB007, I agree that the term "no status" in this case was ambiguous.
I was going on the assumption that as a "no visa" meaning was irrelevant for the purpose of the question, the OP was probably working on a "no nationality" meaning.
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 6:09 pm
by bilallondon
this further confuse me,
my understand now is if child is stateless and applying for BC after 5 years and child parent doesnt have status will not work.
in my care is that correct child is entitle to get BC if one of the parent become settle regardless of child status.
does this bill talk about those kind of child?
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 8:25 pm
by secret.simon
bilallondon wrote: ↑Wed Jul 14, 2021 6:09 pm
in my care is that correct child is entitle to get BC if one of the parent become settle regardless of child status.
Correct. Be aware that the entitlement only kicks in if the child is born in the UK.
If the child was born abroad, the child needs ILR (and both parents to have ILR and at leats one parent to have or be applying for British citizenship) before applying for British citizenship.
bilallondon wrote: ↑Wed Jul 14, 2021 6:09 pm
does this bill talk about those kind of child?
No. There is no change in the procedure for such children in acquiring British citizenship. They still need to apply for British citizenship on Form MN1.
Re: Naturalisation Application
Posted: Wed Jul 14, 2021 10:13 pm
by bilallondon
Thanks my child born in UK
Re: Naturalisation Application
Posted: Thu Jul 15, 2021 11:14 am
by secret.simon
No changes proposed for children born in the UK with parents on ILR. They will need registration as British citizens on Form MN1, as now.