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british citizenship for minors

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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benefit10
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Posts: 76
Joined: Sun Nov 11, 2018 4:09 pm

british citizenship for minors

Post by benefit10 » Tue Jul 19, 2022 8:21 pm

hello,I am british by naturalisation and recently my wife on spouse visa then indefinite and then got her citizenship ,at the time of getting her citizenship my 2 children both under 12yrs old are on their first 2.5yrs visa .since my wife is british now ,can we apply for citizenship for the children after 2yrs of residence in the uk .thanks for ur humble advice .

Amber
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Re: british citizenship for minors

Post by Amber » Tue Jul 19, 2022 9:51 pm

Given both parents are British, I’d expect the children to be registered as below, that’s assuming they’re not already British:

There are two aspects to consider (a) status and (b) residence.

For status:

Child’s immigration status

If the child has been in the UK for more than 10 years, you must consider the application in accordance with the section above. In other cases, we would normally expect the child to have become settled in the UK before applying for British citizenship. This is because a child’s future can clearly be seen to lie in the UK if they are not subject to immigration time restrictions. It is also consistent with other routes based on residence in the UK, in which a person is expected to follow a path through settlement to citizenship.

This will normally mean that the child has indefinite leave to remain under the immigration rules.

If the child is not settled in the UK you must consider whether there is compelling evidence to show that:
• the child’s future clearly lies in the UK
• the benefit to the child of becoming a British citizen at the current time outweighs
the normal expectation that a person becoming a British citizen should be settled here - (a child does not need to be a British citizen to access education or health care in the UK, but there may be other factors that mean it is important for the child to become British now)

Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:

• the child satisfies the other expectations for registration
• the parents meet the expectations with regard to their circumstances

If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.

For residence

Children under 13

The length of residence in the UK is less important where the child is under the age of 13. If you are satisfied that their future lies in the UK and that registration is otherwise appropriate you do not need to take into account the length of residence.

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.

- https://assets.publishing.service.gov.u ... pdf#page32
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