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Skipping ILR and applying for UK citizenship for a child born in the UK
Posted: Tue Jan 16, 2024 10:26 am
by AnnaKi
Hi everyone,
I've looked through and didn't find the question so going to raise it and try to make it short.
I'm on Tier 2 visa and applying for ILR in April. My husband is my dependant and will apply to extend his visa (as he hasn't had 5years to live in the UK yet). We have a son 2.5yo (born in the UK) who is also on dependant visa.
1. Can my son skip ILR part and apply straight for UK citizenship.
2. Can we wait 3-4 months for his application (we just need time to save money). Would it be a problem to apply for UK citizenship if his visa expired 4 months ago?
3. Can I apply for child benefit while waiting for my ILR decision?
4. Would it be a problem getting child benefit if my child has expired visa? Let's say he won't have legal status for 4 months (as I understand).
Would you recommend to apply for UK citizenship (if ILR could be skipped) straight after me getting ILR?
sorry if 3 & 4 are not that related to the topic. You can omit it but thank you anyway!
Re: Skipping ILR and applying for UK citizenship for a child born in the UK
Posted: Tue Jan 16, 2024 8:08 pm
by BashirB
For a child born in UK, you can apply for his registration as a citizen via form AN1 directly after you get your ILR.
In theory, the child does not need to have any prior BRP or ILR at all. However in practice, you would atleast apply for them in case you need to use NHS. Otherwise NHS will charge you for "ineligible" services at cost + 50% and that may turn out to be more expensive than cost of BRP/ILR saved.
If its just 4 months, you can take a chance and apply straight after your ILR. Just pray that he doesn't need to avail of NHS services.
No issues from Immigration point of view. There are numerous posts on the forum of parents who didn't apply for even the first BRP and applied for naturalisation straight after their ILR. I know someone who did this when child was 2 years old and there were no issues.
Re: Skipping ILR and applying for UK citizenship for a child born in the UK
Posted: Tue Jan 16, 2024 9:02 pm
by CR001
1. Can my son skip ILR part and apply straight for UK citizenship.
A UK born child does not need a visa or ILR to register as British.
2. Can we wait 3-4 months for his application (we just need time to save money). Would it be a problem to apply for UK citizenship if his visa expired 4 months ago?
Yes, note that once the childs' visa expires, NHS charges will likely occur if you use the NHS.
3. Can I apply for child benefit while waiting for my ILR decision?
No. You can only claim child benefits once you have been granted ILR.
4. Would it be a problem getting child benefit if my child has expired visa? Let's say he won't have legal status for 4 months (as I understand).
Would you recommend to apply for UK citizenship (if ILR could be skipped) straight after me getting ILR?
sorry if 3 & 4 are not that related to the topic. You can omit it but thank you anyway!
You apply for child benefit, not the child. Yes, you can apply for the child registration as British on form MN1 as soon as either parent gets ILR. A UK born child has an entitlement to register as British.
Re: Skipping ILR and applying for UK citizenship for a child born in the UK
Posted: Wed Jan 17, 2024 12:25 am
by AmazonianX
BashirB wrote: ↑Tue Jan 16, 2024 8:08 pm
For a child born in UK, you can apply for his registration as a citizen via form AN1 directly after you get your ILR.
MN1 you mean as What you wrote is for adults
In theory, the child does not need to have any prior BRP or ILR at all. However in practice, you would atleast apply for them in case you need to use NHS. Otherwise NHS will charge you for "ineligible" services at cost + 50% and that may turn out to be more expensive than cost of BRP/ILR saved.
If its just 4 months, you can take a chance and apply straight after your ILR. Just pray that he doesn't need to avail of NHS services.
No issues from Immigration point of view. There are numerous posts on the forum of parents who didn't apply for even the first BRP and applied for naturalisation straight after their ILR. I know someone who did this when child was 2 years old and there were no issues.
Re: Skipping ILR and applying for UK citizenship for a child born in the UK
Posted: Wed Jan 17, 2024 11:09 am
by AnnaKi
Thank you both!
