Immigrationboards.com

Hello,

Me and my husband are due to complete 1 year after the ILR on early March, 2022. My children (16+ and 18+) will complete 1-year on 31st March. My husband cannot apply for the British citizenship now as he has absences in the last 5 years, so he needs to wait until I get the citizenship. I want to apply for the citizenship together with my children. My question is whether I can include my 16+ child in my application or not. I am confused because the MN1 Guidance says: "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". Obviously, in my case I (as an ILR holder not British passport holder) will be applying for the citizenship with the children. Can you please point me towards the relevant immigration rules?

Another doubt is, can I apply for the 16+ child later/ separately? Or, do I need to wait until he becomes eligible on 31st March. As far I understand an under 18 child can only apply with the parent. If this is incorrect, how can I apply for the child later? For my 18+ child do I need to provide too many documents if applied separately? Or, is it safer to include the children's applications with mine?

My last question is, for my 16+ child, does he only gets registered for citizenship and only get a British passport once he is 18?

Many thanks for your help.

A child under 18 can be I cluded in your application OR apply later on MN1 before they turn 18. Ther is no "immigration rule" because citizenship is NOT an immigration application.

Regardless of how you apply, each applicant must meet the requirements individually in their own right

Any child born abroad applies for citizenship at UKVIs discretion, under section 3(1) of the nationality act. The child is approved is British and can apply for a passport. Noting happens or needs to be done once they turn 18. If they are registered as British and approved that is it.

The 18+ child applies on form AN as an adult and needs B1 English and LIUK tests. Not sure what extra documents you think are needed.

Dear CR001,

Thank you so much for your swift reply. So you mean the fact that none of the parents yet hold a British citizenship, will not affect the 16+ child's application? I thought one of the parents needs to have a British citizenship and the other one can be ILR holder. In this case, both of us are ILR holder and only I will be applying for the citizenship with the child.

If the child can apply separately later using a MN1 form, is it possible to do it online? I am afraid I could not locate an online link to apply using MN1. Can you please help with the link?

For children, is it essential to wait 1-year after they got ILR before applying for the citizenship?

The 18+ child has passed the English and LIUK tests. The additional documents I was thinking are proof of residency in UK in the last 5 years and perhaps, school status letters as children are not named on the accommodation documents.

Many thanks again for your help.

Hi,

I was wondering if you could help with my earlier inquiry whether I am able to include my child (age 16, ILR-holder) in my citizenship application. My husband is ILR-holder and will be eligible to apply for citizenship once I have the citizenship.

Best regards.

Under Section 3(1), they also expect a minor child to have ILR without a minimum period. Moreover,

Children aged 13 or over

A child aged 13 or over should normally have completed at least 2 years residence in the UK before being registered.

Where a child was aged 16 or over when they arrived in the UK, you should normally refuse an application to register them as they will have had too short a period to establish personal connections with this country at a time when their future plans are unclear.

However, each case must be considered on its individual merits and a child in these circumstances may be registered if there are grounds for doing so.

Examples of when it might be appropriate to register a child with less than 2 years residence include:

• where they have a firm offer of a job in the UK which depends on British citizenship, particularly with HM forces, the police or the Civil Service
• if the child is no more than 2 months short of 2 years residence at the date of consideration and either:
  • o they would still be a minor at the end of the 2 month period
  • they would reach the age of 18 before the end of the 2 month period but were prevented from coming to the UK earlier due to circumstances beyond the family’s control
  • there are compelling compassionate reasons for accepting a shorter period of residence or a refusal would cause the child considerable hardship
  • the child would be the only member of the family who would not become a citizen
  • applications have been made on behalf of more than one child and at least one is under 13 - there may be a case for registering the older ones despite less than 2 years residence in the UK
  • the child’s residence is broken but aggregated periods exceed the 2 years

It will not necessarily be appropriate to register everyone who falls into one of the above scenarios, even where they meet the other expectations.

Child over 18 may naturalise as an adult, subject to the same requirements as you.

Dear Vinny,

Many thanks for your response.

Perhaps I am not explaining this very well. Actually my question is regarding the eligibility of the child regarding the parents. So, the question is whether the child can apply for citizenship when both parents are ILR-holder and one parent is applying for the citizenship with the child. The child meets other requirements of the citizenship and so does the parent (me).

If you can kindly respond to this question only, that would be excellent.

Best regards, Tania.

Yes. See also Child’s parents’ circumstances

To register a child under this provision you should normally be satisfied that one of the parents is either a British citizen or has applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:

• the other parent is settled in the UK
• the other parent is unlikely in the short or medium term to be returnable to their country of origin and there is no other reason to believe that the child’s future lies outside the UK

Excellent! Thank you so much!

Hello there,

I am completing a naturalisation application for my adult child. In the section called 'Previous application details', it asks the 'Name in which you made the application'. In the previous applications (when the child was under 18), I was the main applicant and she was added as my dependent child. My question is, in the naturalisation application, should I mention my name as the main applicant or the adult child's name?

Best regards.

It's the applicant's name not your name!!

Thanks so much CR001!

Best regards, Tania.

Hello,

I am submitting a naturalisation application for myself and my daughter who just turned 18. She has been living with me in the UK for the past 9-10 years and she has an ILR. She has been my dependent all through. Now I am uploading documents for her citizenship application. How can I show her proof of residence in the UK for the past 5 years? Can I just submit my council tax documents which mentions my and my husband's name? My husband has an ILR.

Many thanks for your prompt response.

ts531 wrote: ↑

Wed Apr 06, 2022 7:00 pm

Hello,

I am submitting a naturalisation application for myself and my daughter who just turned 18. She has been living with me in the UK for the past 9-10 years and she has an ILR. She has been my dependent all through. Now I am uploading documents for her citizenship application. How can I show her proof of residence in the UK for the past 5 years? Can I just submit my council tax documents which mentions my and my husband's name? My husband has an ILR.

Many thanks for your prompt response.

Only passports are required, nothing else

Dear CR001,

Many thanks for your usual prompt response. The checklist specifically mentions: "Proof of living in the UK for Miss XXX for 5 years if applying in your own right or 3 years if
applying as the spouse of a British Citizen". Can a passport be considered as a 'Proof of living' when it does not mention any address?

Best regards.

It's the passport(s), bio page and all stamped pages.

Okay, many thanks.

Best regards, Tania.