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Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Oct 18, 2023 12:11 pm
by hpsanampudi
Hi Team,

I got my ILR in August 2019 and my wife recently got ILR in October 2023.
I have 2 kids and they have completed 5+ years on Tier 2 (Dependant) visa and their visa is going to end on 12th November 2023.

Questions:
- Can I apply for British citizenship for my kids?
- If No, which visa do i need to apply for?


Regards,
Hanuman

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Oct 18, 2023 12:18 pm
by meself2
Where were kids born?

If in the UK, apply for citizenship via MN1.
If abroad, apply for their ILR same way you applied for your wife (I guess she's your dependant).

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Oct 18, 2023 12:27 pm
by hpsanampudi
Thanks for you quick reply.

Both of them born in India. They are 11 and 6 years old.
I will go for ILR for kids but after an year do i need apply for naturalization for them again?

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Oct 18, 2023 12:31 pm
by CR001
Ilr and citizenship are two separate processes with rach having their own rules.

You should have included your children in your spousrs ilr application.

They can apply for citizenship when either parent is applying or is already british.

Citizenship is not a mandatory application either. Iy is your choice.

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Oct 18, 2023 2:04 pm
by zimba
The OP seems to hold common incorrect views when it comes to the immigration procedures and the rules.

Here are some important things to remember:

•Visa expiry has no relevance to ILR eligibility. ILR qualification for adults is about completing the residence requirement
•Children do NOT have any residence or absence requirements for ILR. They settle when both parents settle.
•Children do NOT naturalise, they get registered. Non-UK-born children need to hold ILR and at least one parent must already be British.

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Nov 22, 2023 3:30 pm
by hpsanampudi
Hi Team,

Today I have received my Naturalization British citizen certificate and my wife is on ILR.
As suggested in below posts, I have filled the ILR application for kids last week and paid the fee and book an appointment (Reason: Last week both the parents visa status is ILR).

We are about to go to visa center to give kids biometrics and submit ILR related supporting documents next week.

My question to you, Since I am an British Citizen now,
- Shall I Withdraw kids ILR application before submitting biometrics?
- If yes,
- Do i get refund of application fee?
- Shall I apply for them british passport directly?

Thanks & Regards,
Hanuman

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Nov 22, 2023 3:41 pm
by zimba
You were clearly advised that your non UK-born children need to secure ILR. Also, they have no entitlement to British citizenship at all. They must both secure ILR and then you may apply for their registration using form MN1 (under the discretion of the home office). Only when they are granted British citizenship, they may get British passports.

Re: Which visa do i need to apply for kids when both parents have ILR?

Posted: Wed Nov 22, 2023 3:49 pm
by hpsanampudi
Thank you