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Apply citizenship for kid born outside of UK without ILR

Posted: Fri Feb 07, 2014 11:13 am
by smartkhan
Hi,

I'm on Tier 1 General visa. I'll be applying for ILR soon with my wife. We have a kid 6 years of age who was born outside UK and is on Tier 1 Dependent visa.

Is it possible if we do not apply for our kid's ILR with us on PEO and register him for British Citizenship after we get ILR? This is all to save ILR fees.

Any moderators for help?

Regards

Re: Apply citizenship for kid born outside of UK without ILR

Posted: Fri Feb 07, 2014 11:25 am
by CR001
As he was not born in the UK he does not have an entitlement to register as British, so ILR will be a requirement for the child to apply under section 3(1) for Citizenship, which is at discretion.

Citizenship will only be granted to a child born abroad if one of the parents is applying at the same time or is already British.

Read the children section in the FAQs, link below :

http://www.immigrationboards.com/britis ... 95747.html

Re: Apply citizenship for kid born outside of UK without ILR

Posted: Fri Feb 07, 2014 11:44 am
by smartkhan
CR001 wrote:As he was not born in the UK he does not have an entitlement to register as British, so ILR will be a requirement for the child to apply under section 3(1) for Citizenship, which is at discretion.

Citizenship will only be granted to a child born abroad if one of the parents is applying at the same time or is already British.

Read the children section in the FAQs, link below :

http://www.immigrationboards.com/britis ... 95747.html

Thanks for a prompt reply.

Re: Apply citizenship for kid born outside of UK without ILR

Posted: Fri Feb 07, 2014 12:05 pm
by iworker
sorry dont mean to hijack this post, but i wanted to know something on similar case.
i understand that the kid born outside will not be able to register as a british citizen, however, what if the parent, who right now is on tier 1, goes on to take ILR and then becomes british citizen. Will the kid born outside the uk who has lived in the uk over 5 years (considering he was a dependent of tier 1 and did not apply when parents apply for ILR who now have acquired BC). in this case, will the kid be able to apply for citizenship or the kid has to go through the ILR process.
thanks.

Re: Apply citizenship for kid born outside of UK without ILR

Posted: Fri Feb 07, 2014 12:31 pm
by CR001
iworker wrote:sorry dont mean to hijack this post, but i wanted to know something on similar case.
i understand that the kid born outside will not be able to register as a british citizen, however, what if the parent, who right now is on tier 1, goes on to take ILR and then becomes british citizen. Will the kid born outside the uk who has lived in the uk over 5 years (considering he was a dependent of tier 1 and did not apply when parents apply for ILR who now have acquired BC). in this case, will the kid be able to apply for citizenship or the kid has to go through the ILR process.
thanks.
ILR would normally be required for a child born outside the UK for applications under section 3(1) which is at discretion form MN1

Q3 in the Child section of the FAQs, link below

http://www.immigrationboards.com/britis ... 95747.html