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ILR and Citizenship queries

Posted: Wed Aug 18, 2010 1:30 pm
by richmond
Dear all

Sorry for the long and complicated e-mail. I Would be very thankful if someone could answer the follwoing questions.

I came to the UK on student visa in 2002. My husband came as student dependent in 2004 and later he got HSMP visa in Nov 2006. I converted into HSMP dependent in August 2007. So my husband is eligible to apply for ILR in Nov. 2011. I assume I can apply for ILR with him.

Kids:

Our son was born in the UK in 2005 and daughter in India in 2009. Both of them are in India now.

When I get ILR in Nov 2011 my questions are:

1. Can I apply for naturalisation in Nov. 2012 on my own (can my husband be on ILR) that is after 12 months of getting ILR ?

2. How long will the process takes for me to get naturalised and to get Britis Paasport (BP) from Nov 2012.

2. I know that my son as he is born in the UK can get BP once we get ILR. But should we have to apply for his ILR along with us? OR can we apply for his BP seperately after we got ILR.

3. My daughter, (born in 2009) as she was born outside the UK, can we apply for her ILR along with us.

She is not here and we are planning to apply her a dependent visa and bring her nearer our ILR time in 2011.

Assuming she is granted ILR along with us, I should wait to apply for her BP until I get my BP. Am I correct?

Is there any rule that she has to live in the UK for certain years inorder to BP after I get my BP. In other words can she be out of UK after she get ILR and be back again to apply for BP.

Thank you so much in advance.

Regards,
RR.

Posted: Wed Aug 18, 2010 2:05 pm
by geriatrix
Following answers are under the assumption that settlement and naturalisation, including qualifying criteria for both, remain unchanged until Nov. 12!

1. Yes. Having been in the UK since 2002 you would meet the standard requirements for naturalisation (assuming absences have not been exceeded) in Nov. 2012.
2. Do not expect people to predict UKBA / IPS processing times 2 years in advance. Only the concerned bodies can advise you and that too at the time of application.
3. No need to include UK-born-child (son) in ILR application. After either of parents receive ILR, register uk-born-child as British citizen using MN1 (under section 1(3)). Upon registration apply for passport.
4. Include your child-born-abroad (daughter) in your settlement (ILR) application. She will be eligible for registration as British citizen (MN1, under section 3(1)) at the same time that you apply for naturalisation (AN).
5. Given the age of your daughter, there is no residential requirement applicable (for her).


regards

Posted: Wed Aug 18, 2010 3:07 pm
by richmond
Thank you very much sushdmehta. This gives an idea of what we can expect (ofcourse subject to new changes).

Could you please tell me the present timeline for getting naturalised and then for British Passport.

Thanks a lot.

Posted: Wed Aug 18, 2010 5:18 pm
by beeba
richmond wrote:Thank you very much sushdmehta. This gives an idea of what we can expect (ofcourse subject to new changes).

Could you please tell me the present timeline for getting naturalised and then for British Passport.

Thanks a lot.
For this quarter of the year it looks like 4/5 weeks for Naturalisation and 3/4 weeks for Passport.

Check this out.

http://www.immigrationboards.com/viewto ... start=5020

Posted: Tue Aug 24, 2010 11:05 am
by richmond
Dear all

Want to get a clarification for a friend of mine.

Both of them (wife and husband) have been granted ILR. They can apply for their British citizenship soon. However they donot want to loose their Indian citizenship. But they have a 3 yr old kid born outside the UK.

Now the question is-- Is there any possibility for their kid to get British citizenship if both the parents are on ILR. Does the kid needs to live in the UK for certain time to get British citizenship? Are there any rules and regulations around this subject. Has anyone come across this kind of situation.

All suggestions are much appreciated.

Regards,
RR.

Posted: Tue Aug 24, 2010 11:21 am
by vinny
See also Citizenship hopeless helpline.

Also
John wrote:it is very unlikely that the discretion would be granted in favour of the born-outside-the-UK child, until one or both parents have their Naturalisation (or are applying for it).