UK citizenships for dependent of ILR holder

[rogerroger]

I recently received my ILR with a letter. the letter states that any children born to me would be automatically eligible for British passport.

now my question goes back to a situation 24 years ago. My dad had ILR back then, and my brother was born to my parents, however he was born in our country of origin. he came to stay here in the UK for some time after he was born

What i wanted to know is can he apply for British citizenship since he was born to an ILR holder at that point in time(1981)?

[Joseph]

No, that provision only applies to people born in the UK after January '83, when the 1981 Nationality Act came into effect. If your brother had been born in the UK, he would have become a citizen even if your father did not have ILR, because he was born before the rules were tightened up by the 1981 Act.

If your brother is currently in the UK, he probably could apply for nationality, based on his living here for the last 5 years (3 if married to British).

Joseph

[rogerroger]

so you mean to say that children born to me and my wife(both ILR holders) need to be born in the UK to be eligible for UK citizenship.

and if they are say born in our country of origin, they are not eligible for citizenship but only UK residency and then they have to go through a three year wait period since they would have to spend 3 years in the UK before being eligible for UK citizenship?

[John]

Rogerroger, at the present time for you and your wife, only children born in the UK could currently be registered as British.

However, when in say a year's time, you and/or your wife apply to be naturalised as British, your overseas-born minor children can also be included on the application form. So when you are naturalised your minor children will also be registered as British.

That applies even if the children have not been in the UK for very long at all.

If the children are already adults when you apply for naturalisation it will not be possible for them to be registered as British at the same time as you are naturalised.

[rogerroger]

thanks for the response., just looked up the letter that i have been sent by the home office.


actually my dad had ILR in March 1981 when my brother was born, what were the rules back then. i mean can mjy brother apply for ILR/citizenship based on the fact that when he was born, our dad had ILR. oh yes, i read some place that the parents need to have been married, that is the case with us. so no problem with theat piece of law.

[Joseph]

As your brother was born outside the UK to non-British parents, those rules do not apply and he would not be a British citizen unless he naturalises (after age eighteen) or becomes a citizen by registration (under age eighteen) if one of his parents naturalise.

Now he can only apply for citizenship based on his current residence in the UK provided he is still living here.
Joseph

[rogerroger]

thanks joseph

[Kayalami]

Just to add to comments to date is that your sibling should initially review the matter of ILR as it seems this issue has been of concern to you for some time. Since there are no precise details/ appears to be conflicting information about his presence or otherwise in the UK and likewise current visa status in the UK you may not get appropriate responses.

Good luck