ILR to British Citizenship

[sandydec26]

Hi all,

I know it’s a bit early, but we just want to make family plan beforehand. This is our background:

My husband got his ILR on 07-Mar-2019. My daughter and I will apply for ILR on 31-Dec-2019. If we get ILR a few months later and my husband apply for British Citizenship on 07-Mar-2020, can my daughter and I apply for British Citizenship immediately after my husband receive British Citizenship?

After we all receive British Citizenship and then have another baby oversea, does the baby need to apply anything to get back to the UK?

[CR001]

1. If your husband is British (i.e has attended his ceremony), then yes you can apply as the spouse of a British Citizen provided you meet all the requirements to apply based on 3 years residence, ie absence limit, physically present exactly 3 years ago etc.

2. A British passport. Note that a child born abroad will be British by Descent and cannot pass their citizenship to their children born outside the UK.

[sandydec26]

1. If your husband is British (i.e has attended his ceremony), then yes you can apply as the spouse of a British Citizen provided you meet all the requirements to apply based on 3 years residence, ie absence limit, physically present exactly 3 years ago etc.

2. A British passport. Note that a child born abroad will be British by Descent and cannot pass their citizenship to their children born outside the UK.

Thank you CR001!!

1. So if I apply on 01-Jun-2020, I need to be physically in the UK on 31-May-2017? If I meet all the requirements, can my daughter apply for British Citizenship with me?

2. Does that mean we simply apply a British passport in representative office of the UK for the baby? Beside not able passing their citizenship to their children born outside the UK, does "British by Descent" different from other British? I mean if "British by Descent" can get benefit etc.

[CR001]

1. So if I apply on 01-Jun-2020, I need to be physically in the UK on 31-May-2017? If I meet all the requirements, can my daughter apply for British Citizenship with me?

31/5 and 1/6. There is no residence requirement for children, they can apply when one parents is also applying or already British and the other parent has ILR.

2. Does that mean we simply apply A British passport in representative office of the UK for the baby? Beside not able passing their citizenship to their children born outside the UK, does "British by Descent" different from other British? I mean if "British by Descent" can get benefit etc.

1. Yes and depending on the country you apply from, it can take anywhere between 16 weeks up to 1 year.
2. No difference.

[sandydec26]

1. Yes and depending on the country you apply from, it can take anywhere between 16 weeks up to 1 year.

I didn't know it would take that long.. Can we bring the baby back with a passport issued by our home country, and apply for a British passport in the UK later? A Hong Kong friend did this a few years ago.

[CR001]

1. Yes and depending on the country you apply from, it can take anywhere between 16 weeks up to 1 year.

I didn't know it would take that long.. Can we bring the baby back with a passport issued by our home country, and apply for a British passport in the UK later? A Hong Kong friend did this a few years ago.

Yes, but you would need to apply for a certificate of entitlement to right of abode as the child is clearly not a visitor.

Easiest would be to have the baby in the UK and get a passport using 1 week fast track service. This would also make the baby British otherwise than by descent, which means any children they have anywhere in the world other than the UK would be British by Descent.

[sandydec26]

Yes, but you would need to apply for a certificate of entitlement to right of abode as the child is clearly not a visitor.

Easiest would be to have the baby in the UK and get a passport using 1 week fast track service. This would also make the baby British otherwise than by descent, which means any children they have anywhere in the world other than the UK would be British by Descent.

I checked UKVI website about the certificate, it looks like a document I can apply online if I am outside the UK. Do you know how long it would normally take?

Thank you for your suggestion. We plan to have the baby in our home country because both my husband's and my parents are there. We want to have their support when the baby arrives.

[CR001]

A Certificate of Entitlement to Right of Abode can take a few weeks up to a few months. Obviously it costs a lot more than a child passport and is not valid for every, it expires when the passport does. If you apply for a British passport when back in the UK, the Certificate of Entitlement will be cancelled as the child cannot hold the certificate (which is a vignette in the foreign passport) and a British passport simultaneously.

[sandydec26]

A Certificate of Entitlement to Right of Abode can take a few weeks up to a few months. Obviously it costs a lot more than a child passport and is not valid for every, it expires when the passport does. If you apply for a British passport when back in the UK, the Certificate of Entitlement will be cancelled as the child cannot hold the certificate (which is a vignette in the foreign passport) and a British passport simultaneously.

The cost is not a problem as £388 is not that expensive. We only concern how fast we can get the baby ready to come back to the UK with us. Hope there's a priority service for the certificate in our home country. Anyway, thank you so much CR001!!

[sandydec26]

My Daughter and I submitted our ILR application on 31st Dec 2019, and we are still waiting for the result. My husband is in the process of applying British citizenship. After our daughter and I receive ILR and my husband gets citizenship, our daughter and I will apply for citizenship right away. After checking all the rules, I noticed when it comes to child citizenship, UKVI websites all mentioned “your mother or father was a British citizen when you were born” or the child is not eligible to register a British citizenship. So my questions are:

1. Since my daughter was not born in the UK, is she eligible to register a British citizenship after my husband gets citizenship?

2. If my daughter is eligible, I am wondering if the residency rule applies to her? She is currently 1 year and 8 months old. UKVI mentioned my daughter has to have “lived in the UK with your parents for the 3 years”

[CR001]

1. Since my daughter was not born in the UK, is she eligible to register a British citizenship after my husband gets citizenship?

Yes.

2. If my daughter is eligible, I am wondering if the residency rule applies to her? She is currently 1 year and 8 months old. UKVI mentioned my daughter has to have “lived in the UK with your parents for the 3 years”

No it does not.

[sandydec26]

1. Since my daughter was not born in the UK, is she eligible to register a British citizenship after my husband gets citizenship?

Yes.

2. If my daughter is eligible, I am wondering if the residency rule applies to her? She is currently 1 year and 8 months old. UKVI mentioned my daughter has to have “lived in the UK with your parents for the 3 years”

No it does not.

Thank you CR001!!! I Just found out MN1 guide does mention in Section 3(1) application “Children in this category will be considered at the Home Secretary’s discretion 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.” I think that is the category my daughter in.

Regarding the online form, is this the correct one? Is it okay my daughter and I apply together in one form?
https://visas-immigration.service.gov.u ... onality-an

[sandydec26]

Sorry I realised that in this AN page it actually mentioned the application about child under 18. So I need to apply through AN form and my daughter applies through MN1 form as she's under 18. Am I correct?

[CR001]

Sorry I realised that in this AN page it actually mentioned the application about child under 18. So I need to apply through AN form and my daughter applies through MN1 form as she's under 18. Am I correct?

Yes.