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nautrelization after divorce query ...

Posted: Sat Feb 19, 2011 9:57 am
by mailofas
I came to UK with my wife and daughter in early 2006; HSMP (JR) case.
In 2009 we were divorced and my wife and daughter went back home but I stayed here and got my ILR as well (only mine). Now eligible to submit naturelization application and wonder if I can apply for my daughter along with me even though she is out of UK at the moment and does not have ILR, but will be joining me later this year and will be living with me thereafter.

Another question, what should I declare myself in the AN forms, divorced or single? my marriage didn't take place in UK neither the divorce.
cheers...

Posted: Sat Feb 19, 2011 3:06 pm
by geriatrix
Where was you daughter born and how old is she?


regards

Posted: Sat Feb 19, 2011 3:32 pm
by mailofas
She was born outside UK and now is 6 and half year. thanks.

Posted: Sat Feb 19, 2011 5:50 pm
by geriatrix
1. Your daughter may be eligible to apply for registration as British citizen under section 3(1) of British Nationality Act 1981, subject to discretion, using form MN1.
2. Such an application cannot be made any earlier than either parents' naturalisation application (or before either parent has already naturalised).
3. Since such an application can only be made in country, your daughter will first need to apply for entry clearance as child of a settled person / British citizen (depending on whether you hold settled status or British citizenship at the time of such application) and then travel to UK.
4. Given your circumstances (divorce), you may to prove, at the time of entry clearance application, that you have sole responsibility / custody of the child or provide evidence that the mother of the child has no objection for the child to live in the UK with the father (e.g. - in case of joint custody).
5. The evidence(s) explained above (point 4) may also be required at the time of registration (as British citizen) application of the child.
6. For children under 13 years of age, there is no residential requirement normally for registration as British citizen, but the future intention to remain in the UK may have to be proved.

See Chapter 9: Registration of minors at discretion for detailed information about registration of minors at discretion.

As for your naturalisation application (form AN), you must state the fact(s) in the application form - so if you are legally divorced, state so and, if asked for in the form / guidance, provide evidence of the same (e.g. - decree absolute).


regards

Posted: Mon Feb 21, 2011 3:28 pm
by mailofas
Hi Sushdmehta, Many thanks for the detailed reply. So what I understood that first I have to get the naturelization alone and then follow the process of bringing my daughter to UK. Thanks once again. cheers...