Citizenship application for children

[jerrin]

Myself, my wife and my elder daughter had got the ILR in May 2014. My wife and elder daughter were absent from UK for 260 days after getting the ILR and came to UK in March 2015 ( Wife went abroad to deliver the baby as she had pregnancy related issues and needed support) . My second child was born outside the UK in Jan 2015 and came to UK in March 2015 on ILE. Now I am eligible and planning to apply for Naturalization in May 2015. I understand that my wife can’t apply for naturalization along with me as she was absent from UK for more than 90 days in the last one year. But I am planning to apply for my daughters.

Now I am a bit worried (or too much worried?!! ) as the MN guide says (Under registration at Home Secretary’s discretion - Section 3(1) application)

Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK

In my case, None of the parent will be BC when I apply for my daughters along with mine (both parents will be on ILR at the time of application).

1. Can I apply for naturalization for both my daughters along with my application? or should I get the BC first and apply for children later?
2. And will the long absent from UK in the last one year be a problem for elder child's application?

Please can someone advise.

[Amber]

Insofar as one parent is British (or will be upon naturalisation at the same time) and the other has ILR you should be OK for the registration of children providing the other general expectations are met.

Also consider when:

Total absences of more than 100 days but not more than 180
days where the residence requirements over the full 5(3) year
qualifying period are met - consider disregarding if applicants
have demonstrated links through the presence here of family,
an established home and a substantial part of their estate.

[jerrin]

Hi Amber,

Thanks for your kind advice.

Is 5.1.2 applies to children as well? My elder child is 5 years old and she was absent from UK for 260 days. I read somewhere that there is no residency requirement for children( and hence the absence from UK is irrelevant). Is it correct?

[vinny]

See also Chapter 9.