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ILR Spouse & Child
Posted: Mon Oct 23, 2023 12:00 pm
by kamalahasang
Hi Experts,
I currently hold ILR and eligible for applying citizenship from 10-Mar-2024. My wife and child will be reaching 10 years of stay in the UK on 15-Apr-2024. My questions are
1) Can I apply citizenship (MN1) for my child without an ILR?
2) If yes, should I wait for 15-Apr-2024 or can I apply 28 days in advance?
3) Once my wife receives her ILR (10 year Long residence), if I have my citizenship, can she apply for citizenship immediately or should she wait for 1 year in ILR?
Thanks
Re: ILR Spouse & Child
Posted: Mon Oct 23, 2023 12:03 pm
by meself2
1) No, as I assume child wasn't born in UK. If child was born in UK - yes.
2 is irrelevant.
3) No - you won't get naturalized in time for her to apply straight away (only spouses of British citizens can skip it and you aren't yet a citizen). She probably? could apply once you're naturalized, but I'm unsure - will let other members advise.
Re: ILR Spouse & Child
Posted: Mon Oct 23, 2023 12:14 pm
by alterhase58
Wife can apply once you are a BC (after ceremony) and once she has ILR. no waiting period as long as wife complies with all requirements.
The 28 days concession is for immigration applications, not naturalization which is not an immigration application.
Re: ILR Spouse & Child
Posted: Mon Oct 23, 2023 2:35 pm
by kamalahasang
Thanks for your response.
I see the following statement in the MN1 Guide.
Registration at the Home Secretary’s discretion – Section 3(1) application
Children who have lived in the UK for more than 10 years
Children will come within this category if:
• the child is in the UK lawfully
• the parents are in the UK lawfully
• both parents give their consent to registration (unless good reasons are provided)
• there is no reason to refuse on character grounds.
Does this mean the child born outside the UK and lived in the UK for continuous 10 years can apply for citizenship directly?
Thanks
Child 10 years Stay - MN1
Posted: Wed Oct 25, 2023 5:17 pm
by kamalahasang
Hi Experts,
I am sorry, I raised this under a wrong heading. So raising it again here.
My daughter was born outside the UK. She will reach 10 years of stay in the UK on 15-Apr-2024.
I see the following statement in the MN1 Guide.
Registration at the Home Secretary’s discretion – Section 3(1) application
Children who have lived in the UK for more than 10 years
Children will come within this category if:
• the child is in the UK lawfully
• the parents are in the UK lawfully
• both parents give their consent to registration (unless good reasons are provided)
• there is no reason to refuse on character grounds.
Does this mean the child born outside the UK and lived in the UK for continuous 10 years can apply for citizenship directly (without ILR)?
Thanks
Re: Child 10 years Stay - MN1
Posted: Fri Oct 27, 2023 12:37 am
by Ameer_zyzom
Yes you can under:
Registration at the Home Secretary`s discretion – Section 3(1) application, Children who have
lived in the UK for more than 10 years,
Re: Child 10 years Stay - MN1
Posted: Fri Oct 27, 2023 12:45 am
by Ameer_zyzom
Yes I can confirm that you can Under Section MN(1) Uder desecration, Children who have lived in the UK for more than 10 years , I got my child approved few months ago , both me and my wife have ILR at that time, and my daughter she was LTR 10 years route ( private life ) see page 28 & 29
https://assets.publishing.service.gov.u ... ildren.pdf
Re: Child 10 years Stay - MN1
Posted: Fri Oct 27, 2023 3:23 pm
by kamalahasang
Thanks. Does both parents should have ILR for the Child to be considered?
Re: Child 10 years Stay - MN1
Posted: Fri Oct 27, 2023 3:25 pm
by kamalahasang
Hi Ameer_zyzom,
Could you please share the link again? The previous one is not opening.
Thanks
Re: Child 10 years Stay - MN1
Posted: Fri Oct 27, 2023 11:09 pm
by secret.simon
kamalahasang wrote: ↑Fri Oct 27, 2023 3:23 pm
Thanks. Does both parents should have ILR for the Child to be considered?
No, but both the children and parents need to be legally resident in the UK.
Effectively, even if they don't have ILR, they will all need to meet the requirements for ILR Long Residence.
Re: Child 10 years Stay - MN1
Posted: Sat Oct 28, 2023 1:01 am
by Ameer_zyzom
secret.simon wrote: ↑Fri Oct 27, 2023 11:09 pm
kamalahasang wrote: ↑Fri Oct 27, 2023 3:23 pm
Thanks. Does both parents should have ILR for the Child to be considered?
No, but both the children and parents need to be legally resident in the UK.
Effectively, even if they don't have ILR, they will all need to meet the requirements for ILR Long Residence.
100% correct
