Immigrationboards.com

Hello ,

I want to understand the possibility of my kids ( both under 15 years) getting UK passports directly without applying for ILR.

Situation :

1- Currently, both of them have leave to remain until Oct 23 beyond which they can apply for ILR
2- They were not born here but since 2013 both of them have been in the UK
3- Dad has applied for ILR and Mom is a British citizen


Taking the above into consideration, can both my kids directly apply for British passports instead of applying for ILR?

Thanks

How did their mom become British?? And when did mom become British?

What visa category exactly do the hold?

Note that only british citizens can apply for a British passport. Your children don't appear to be British.

Through what route did you get ILR?

Yes, Mom became Citizen via ILR( tier 2 general Visa ) route last year.

Currently, for Dad, it's ILR dependent Visa currently holding applied ILR via a 5-year dependant route

Yes, Children are not citizens or born in UK. But my question was more around can my children directly apply for British citizenship instead of getting them ILR as i thought that if 1 parent is British and other parent has an ILR then children can directly apply for citizenship.

Thanks
Aravind

Children born abroad usually require ILR first. You should have included them in yourapllicarik for ILR.

How old exactly is each child?

14 and 12 respectively

If your children have lived in the UK for more than 10 years, then you can apply to register them as British citizens at the discretion of the Home Secretary.

As per Home Office's latest guidance, Caseworkers "must normally register if a child has lived in the UK for more than 10 years and:

• the child is in the UK lawfully

• the parents have regularised their own status

• where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded

• there is no reason to refuse on character grounds

Araays wrote: ↑

Mon Feb 13, 2023 4:19 pm

i thought that if 1 parent is British and other parent has an ILR then children can directly apply for citizenship.

That is incorrect. In this circumstance, both the second parent AND the child need to apply for ILR and then both of them can apply directly for British citizenship via naturalisation and registration respectively (assuming that child is under the age of 18).

Teksman's advice is correct, because there is a concession for children who have completed 10 years residence in the UK.

Thanks for the response.

Yes, my kids will complete 10 years this September, so how can they apply for citizenship?

Who is a caseworker and could you help me with how to proceed with the application and before how many days/month can i apply for my kids.

Thanks in advance

Araays wrote: ↑

Thu Feb 16, 2023 5:06 pm

Thanks for the response.

Yes, my kids will complete 10 years this September, so how can they apply for citizenship?

Who is a caseworker and could you help me with how to proceed with the application and before how many days/month can i apply for my kids.

Thanks in advance

Caseworker, is the staff of the HO that gets assigned your case to deal with.

I get that you're trying to save money by trying to jump straight into citizenship and avoiding ILR. You might eventually end up doing damage to your kids immigration pathway.

The keyword here for their application via this 10 years is legally in the UK.
Also "Discretion", meaning it might be allowed or not allowed.

Their visa expires in Oct and you plan to make the application in Sept. If the registration fails, then their legal stay would have expired and they would have become overstayers. Hence the ILR route is out the window. HO can start processing their deportation orders.

Think wisely and get proper advise before jumping on this highway. There might be no coming back from this.

Also registration, as naturalization, isn't an immigration application, if I recall correctly.
What that means is that when registration application is in progress, it doesn't give any legal status to be in the UK; kids would still need a valid visa between application and decision.