Immigrationboards.com

Hi,

I have a ILR got through 10 years long residence route and is currently applying for British citizenship and my wife and son are on FLRM visa and will complete 5 years in a few years time.

I understand that my wife has to complete 5 years on FLRM visa before getting ILR. Could you please clarify on the below assuming that I will be a British citizen by that time

a) Can I wife apply for Naturalization as soon as she gets ILR after completing 5 years on FLRM or have to wait for another 1 year after obtaining ILR
b) Can I son directly apply for Naturalization without getting ILR but after completing 5 years on FLRM visa. Some posts suggested that after completing 5 years on FLRM visa, when my wife applies for ILR and with me being a British Citizen at that time, my son can directly apply for Naturalization skipping ILR process, could you please advise.

a) Yes she can apply as soon as she gets ILR provided she meets the standard requirements based in 3 years residence.

b) If he was born abroad, he requires ILR first. Children born abroad follow the less privileged parents in terms of immigration. He must apply for ilr with your wife and can apply for citizenship when she does. Not sure which posts you are referring to that state there is a shortcut route.

Also see this thread, which discusses the same question.

As CR001 has advised above, children born abroad are expected to have ILR themselves, in addition to at least one of their parents being or applying to become a British citizen and the other parent also hlding ILR.

Such children have no entitlement to register as British citizens and are registered at discretion.

You may be able to get them registered without ILR if there are strong compelling compassionate reasons for doing so, such as if the child is over 16 and has lived at least 10 years in the UK themselves. I do not think that saving money will be considered compassionate or compelling (or indeed strong).

Keep in mind that if the registration without ILR application fails, there will be no refund of the fees. You will then end up paying for two registration fees (one failed and one successful) and an ILR application inbetween.

Thanks both of you for your inputs, greatly helpful.