Immigrationboards.com

BenzBoy wrote: ↑

Mon Jul 15, 2024 10:10 pm

Dear All,

My wife, son, and I received our ILR on October 23 through my 5-year skilled worker visa route. My spouse and son were my dependents, and we obtained our ILR together last October. My son was born outside the UK. My wife and I will continue to stay on ILR, but we are planning to proceed with our son's citizenship application.

1. Can I apply for my son's citizenship right away, or does he need to satisfy the 1-year post-ILR rule since he was born outside the UK? I found conflicting information on this online. There's no 1 year wait for children.

2. If I can apply, do I need to fill out the MN1 form? Yes - the online version.

3. The most important question: my son and wife need to travel abroad (school vacation and treatment abroad) for most of August and September. Can my son travel after his biometrics appointment while his application is being processed? Yes - registration as British is not an immigration application.

Thank you for your assistance.

alterhase58 wrote: ↑

Mon Jul 15, 2024 10:17 pm

BenzBoy wrote: ↑

Mon Jul 15, 2024 10:10 pm

Dear All,

My wife, son, and I received our ILR on October 23 through my 5-year skilled worker visa route. My spouse and son were my dependents, and we obtained our ILR together last October. My son was born outside the UK. My wife and I will continue to stay on ILR, but we are planning to proceed with our son's citizenship application.

1. Can I apply for my son's citizenship right away, or does he need to satisfy the 1-year post-ILR rule since he was born outside the UK? I found conflicting information on this online. There's no 1 year wait for children.

2. If I can apply, do I need to fill out the MN1 form? Yes - the online version.

3. The most important question: my son and wife need to travel abroad (school vacation and treatment abroad) for most of August and September. Can my son travel after his biometrics appointment while his application is being processed? Yes - registration as British is not an immigration application.

Thank you for your assistance.

• Child born: March 2019 (outside the UK)
  Child living in the UK since May 2019 (over 5 years now)
  Child and parents received ILR (5-year skilled worker route): October 2023

BenzBoy wrote: ↑

Mon Jul 15, 2024 11:01 pm

alterhase58 wrote: ↑

Mon Jul 15, 2024 10:17 pm

BenzBoy wrote: ↑

Mon Jul 15, 2024 10:10 pm

Dear All,

My wife, son, and I received our ILR on October 23 through my 5-year skilled worker visa route. My spouse and son were my dependents, and we obtained our ILR together last October. My son was born outside the UK. My wife and I will continue to stay on ILR, but we are planning to proceed with our son's citizenship application.

1. Can I apply for my son's citizenship right away, or does he need to satisfy the 1-year post-ILR rule since he was born outside the UK? I found conflicting information on this online. There's no 1 year wait for children.

2. If I can apply, do I need to fill out the MN1 form? Yes - the online version.

3. The most important question: my son and wife need to travel abroad (school vacation and treatment abroad) for most of August and September. Can my son travel after his biometrics appointment while his application is being processed? Yes - registration as British is not an immigration application.

Thank you for your assistance.

Thank you so much for the swift response.

I have a follow-up question, as I think I didn't highlight this point well enough.

• Child born: March 2019 (outside the UK)
  Child living in the UK since May 2019 (over 5 years now)
  Child and parents received ILR (5-year skilled worker route): October 2023

The parents have settled status but DO NOT have naturalisation status, they are not eligible for their naturalisation application until October 2024 and do not intend to apply for naturalisation anytime soon.

Can I still apply for my non-UK born child's MN1 registration now, considering the parents obtained their settled status after the child was born and the child has held ILR for less than a year?

The following two contradictory conditions have confused me, as my case doesn't fit either of them.

I saw this mentioned on multiple threads here: The child can register as British once they have 2 years of residence immediately preceding the application date, and either parent is also applying for citizenship or is already British while the other parent holds ILR. This states that one of the parents must be British or apply for citizenship with the child's registration application. This condition won't be satisfied in my case.

And then I read this contradictory statement elsewhere: You can apply to register your child as British if you, your child and the child’s other parent are all settled in the UK. You must all have lived in the UK legally for the last 5 years and your child must have been settled for 1 year. This one does not mandate a parent to have citizenship but requires a child to have settled status for a year prior to their registration application. This condition, again, won't be satisfied in my case.

Thanks again for the help.

• Child born: March 2019

• Place born: Outside the UK

• Parents' status when child was born: Tier 2 skilled worker visa (NOT settled)

• Child living in the UK since: May 2019 (over 5 years now)

• Child and parents settled (ILR) status from: from October 2023 (less than a year ago)