Immigrationboards.com

Hello all,

Will appreciate your guidance and help in dealing with a situation I am facing.

Background:
- We are a family of three Indian nationals - myself, my wife and my son - and we have received ILR based on 10 year long-term residence criteria individually.
- I received my ILR in Jan 2021, my son received his ILR in May 2023 and wife received ILR in Sep 2023.
- All three applications were made based on 10 year long-term continuous residence criteria.
- My son is minor - 11 years old.

Query:
- I want to know if I can apply for the British Citizenship for my child next month when he finishes 1 year after receiving his ILR, while myself and my wife continue to hold ILR.
- Both me and my wife are not keen to relinquish Indian citizenship and hence do not want to apply for British Citizenship. However we think it's in the best interest for our child to acquire British nationality given strong ties he has developed to the UK.

Comment:
- Based on the documentation I have read so far on UK Home Office for citizenship application, it appears a minor can only apply citizenship if one of his parents already has citizenship or is applying with him. Is this correct inference?

Any help will be appreciated massively. Thanks in advance.

If one or both parents have ILR child can register as British.
It doesn't matter that parents are not applying.

Thanks alterhase58 for your response. Just ro avoid any ambiguity - as I realised later that that I missed some info - the child was born outside UK (in India) and at the time of birth neither of us within the family had ILR. I hope this doesnt change your response - and we can still go ahead to apply for citizenship for our child without us doing so.

Also my confusion stems largely from this document...

https://assets.publishing.service.gov.u ... ildren.pdf

... which specifies citizenship requirement for at least one of the parent (second bulltet point)

The law in relation to section 3(5)
Legitimated children are entitled to registration as a British citizen under section 3(5)
of the British Nationality Act 1981 if:
• they were born outside the UK
• at the time of the birth they had a parent who was a British citizen by descent
• they are under the age of 18 when the application is made
• the child and both of their parents were in the UK at the beginning of the 3 year
period ending with the date of the application
• the child and both of their parents have not been absent from the UK for more
than 270 days in that 3 year period
• the consent of both parents is given to the application
• children aged 10 or over on the date of application are of good character

Section 3(5) registration has absolutely no relevance to your circunstances.

You would be regiatering rhe child under section 3(1), which is at discretion

Ah okay, many thanks CR001 for your response. This clarifies my doubt.

One last question if I may. Given that there is a discretionary element in this case - would you know that in order to increase the probability of child's application it's better for a parent to apply for citizenship alongwith the child just so that the case is stronger? In other words do you this that application via Section 3(1) which requires discretion has an element of higher uncertainty in it based on your experience and information?

This type of application "at the discretion of the Home Secretary" is being done for children every day by ILR holders.
You clearly hold ILR, the child holds ILR, and generally comply with the requirements. There's nothing extra you have to prove.
The term "at the discretion" captures all manner of scenarios which don't have separate sections in the nationality act.

anoop1979 wrote: ↑

Tue Apr 16, 2024 11:43 am

Background:
- We are a family of three Indian nationals - myself, my wife and my son - and we have received ILR based on 10 year long-term residence criteria individually.
- I received my ILR in Jan 2021, my son received his ILR in May 2023 and wife received ILR in Sep 2023.
- All three applications were made based on 10 year long-term continuous residence criteria.
- My son is minor - 11 years old.

Children who have lived in the UK for more than 10 years.

Thanks for you reply.

From the link you have posted:

“…… 10 years is the length of time required for a child born here to have lived in the UK to have an entitlement to register under section 1(4) of the British Nationality Act 1981.…..”

As stated in my case background, my child is not born in UK. So this might not hold true?

Your child needs to be registered at discretion of the Home Secretary, not under Section 1(4).

Thank you all for your feedback and pointers. It's clear to me now.