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ILR for Child born outside UK
Posted: Mon Aug 02, 2021 2:45 pm
by ytrivedi
Hi There,
I have got UK Citizenship around 2 years back & my wife has received ILR as a dependent
Just want to check if I have to apply for ILR for my Children born outside UK or then can directly apply for UK citizenship with my Wife?
Re: ILR for Child born outside UK
Posted: Mon Aug 02, 2021 3:04 pm
by CR001
They need ILR first.
Re: ILR for Child born outside UK
Posted: Mon Aug 02, 2021 4:14 pm
by ytrivedi
CR001 wrote: ↑Mon Aug 02, 2021 3:04 pm
They need ILR first.
I am planning to apply for British Citizenship for my Wife First & Once both the parent (myself & my wife) have "British Citizenship" then my Children has to go through ILR Process or they can directly apply for British Citizenship?
Re: ILR for Child born outside UK
Posted: Mon Aug 02, 2021 4:19 pm
by secret.simon
Children born outside the UK are expected to have ILR before registering as British citizens, unless there are
strong compelling compassionate circumstances for them not to have ILR before the registration.
Registration of children as British citizens caseworker guidance wrote:
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.