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Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 1:19 pm
by kihiq2024
Hi,
When can I apply for citizenship for my child who was born outside the UK?
1. Father, a British citizen via the ILR 10-year route. citizenship after the child is born
2. Mother, currently in FLR (M), completed 3 years
3. Child: same as Mother
When can I apply for citizenship for the child?
Can I apply after my mother gets an ILR?
or should a child also get an ILR before applying for citizenship?
TIA
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 2:01 pm
by meself2
Child should also get ILR, which he can apply for once mother gets/applies for her one.
Alternatively. child can reside in UK for 10 years with a visa.
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 2:37 pm
by kihiq2024
Can't the child apply for citizenship without ILR based on the below rules:
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 (for example they have been granted refugee status or humanitarian protection) and there is no other reason to believe that the child’s future lies outside the UK
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 2:54 pm
by meself2
kihiq2024 wrote: ↑Thu Jan 11, 2024 2:37 pm
Can't the child apply for citizenship without ILR based on the below rules:
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 (for example they have been granted refugee status or humanitarian protection) and there is no other reason to believe that the child’s future lies outside the UK
Where did you take this from, can you link the source?
In official UKVI guidance (
https://www.gov.uk/government/publicati ... le-version ), there's a provision to register child with parent, but child must be settled (ie have ILR):
hildren applying in line with parents
Children will come within this category if:
one parent is a British citizen or about to become one through registration or naturalisation
the other parent (if involved in the child’s life) is a British citizen or settled in the UK (“settled” usually means that the parent has indefinite leave to remain in the UK)
the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 we can accept a shorter residence period, taking into account the age of the child)
the child is settled in the UK
both parents give their consent to registration (unless good reasons are provided)
there is no reason to refuse on character grounds.
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 2:59 pm
by meself2
Found it - it's 3(1), but "all other circumstances", non-accessible guidance.
https://assets.publishing.service.gov.u ... ildren.pdf
You're omitting a lot of information about this, quoting only a single part from this guidance, as it's split into sections.
In considering whether it is appropriate to register a child on this basis, you must
take the following factors into account:
• the child’s future intentions
• the child’s parents’ circumstances
• residence in the UK
• the child’s immigration status
Further guidance, titled "Child’s immigration status", states:
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
You can try to register child as is, without ILR - I cannot stop you.
However, guidance suggests ILR is expected.
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 3:04 pm
by kihiq2024
Re: Child born outside uk - British Citizenship
Posted: Thu Jan 11, 2024 3:32 pm
by kihiq2024
I can understand now, and it's good to know that. Thanks for the clarification. Much appreciated.