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I got ILR granted in Sept 2009; wife acquired ILR in Mar 2010 at the same time as my son (born in the UK 3 years ago). Question is can we all make a joint family application for Naturalisation in Oct this year and will my wife’s application be valid under the 12 month discretionary rule? ; or does my wife have to make a separate application after she has completed her 12 months of being free from immigration restrictions?

Thanks

First of all you son shouldn't apply for naturalisation because he doesnt need to. He was born in UK and when you got ILR he became eligible to be "registered" as a British Citizen. You can use form MN1 to register him straight away.

If you get BC your wife doesnt need to fulfill 12 months period on ILR, as she can apply based on married to a British Citizen (you).

An expert on the forum will be able to point out whether this can be acheived by both of you applying together.

mrlookforward wrote:First of all you son shouldn't apply for naturalisation because he doesnt need to. He was born in UK and when you got ILR he became eligible to be "registered" as a British Citizen. You can use form MN1 to register him straight away.

If you get BC your wife doesnt need to fulfill 12 months period on ILR, as she can apply based on married to a British Citizen (you).

An expert on the forum will be able to point out whether this can be acheived by both of you applying together.

Thanks Mrlookforward! I intend to register my son at the same time as when I am applying for naturalisation but the question still remains as to whether my wife can be included at that time of application: trying to save some pennies...£500 + odd..if we can put in a joint application!

You cannot make a joint application for Naturalisation, not until your wife also has had her ILR for 12 months.

But as already said, now you have ILR, your child can be registered as British now, using form MN1. The application will be under section 1(3), that is, there is an entitlement to be Registered, not a discretion. Such applications tend to be dealt with quite quickly, often in under one month.

One more thing, I dont think you can avail of joint fees if you and your son apply together. You are applying for naturalisation, and he is applying for registeration and I dont think with two different kind of applications you can pay joint fees. John will correct me if I am wrong.

mrlookforward wrote:One more thing, I dont think you can avail of joint fees if you and your son apply together. You are applying for naturalisation, and he is applying for registeration and I dont think with two different kind of applications you can pay joint fees. John will correct me if I am wrong.

OP must pay separately for his application and also that of his son. OP can only save when he applies with his wife. In this case he must wait for another year so he can apply with his wife. I am not sure if that long wait will be worth it as the rules and laws keep on changing.