Citizenship for dependent minor

[GraemeB]

Hi,

Just joined so be kind!

My wife and her daughter just got their ILR earlier in the month after completing the 5 year spouse route. They are non-eu.

I remember reading years ago that a dependent minor would be eligible for citizenship when they turned 18. She does so in a few months.

Is this the case or did I imagine it, or has it been changed? If it is possible, what is the correct form? Or will she have to wait the 3 years?

I'm afraid Google has failed me on this one, I cant find this situation explained.

Thanks in advance!

[CR001]

Are you British?

How old is she?

The child, if under 18, can only apply for citizenship when her mother does.

If she is over 18, she has to wait 12 months in ilr before she can apply.

I remember reading years ago that a dependent minor would be eligible for citizenship when they turned 18. She does so in a few months.

There has never been such a precise rule. Children under 18 can apply when one parent is British (not step parent) and the other holds ilr.

Is this the case or did I imagine it, or has it been changed? If it is possible, what is the correct form? Or will she have to wait the 3 years?

Nothing has changed for years for citizenship. You must have misread or misunderstood what you read previously.

[GraemeB]

I'm British by birth, but not relevant as she is not biologically mine.

You say;

"The child, if under 18, can only apply for citizenship when her mother does.

If she is over 18, she has to wait 12 months in ilr before she can apply."


As was stated in my original post, she falls between these two situations somewhat being 17 & 3/4 when in receipt of ILR. So a child at the start and and transitioning to an adult during. So can i assume adult rules apply? Current guidance says 3 years does it not?

[CR001]

So can i assume adult rules apply?

Children under 18 apply as minors not an adult. If she turns 18 during the process, ho will ask for ceremony fee to be as she will have to attend a ceremony if approved once she is 18. The same rule applies, she can only apply as under 18 if her mother applies.

Current guidance says 3 years does it not?

Teenager children under 18 require ilr and a minimum of 2 years residence.

If she applies only on or after she turns 18, she needs 5 years residence and must have held ilr for 12 months first before she can apply.

[secret.simon]

As you are a British citizen and as your wife has got ILR, she can apply for citizenship right now, provided she meets the 3 year residence requirements (physical presence, absences in the last 3 years, etc).

If she applies for citizenship right now, her daughter can apply for registration as a British citizen at the same time, provided that the date of the application is before the daughter's 18th birthday. There are no absence or other residence requirements for the child, provided the application is made before her 18th birthday.

If the application is made on or after the daughter's 18th birthday, it will be a naturalisation, not a registration, application and she will need to meet all the adult requirements for naturalisation (absences, physical presence, English language, LITUK test, etc).

EDIT: Overtaken by CR001

[GraemeB]

That's interesting. I'm only just starting to look at the citizenship as I've only just got ILR out the way.
So, you are saying that the time already spent in the UK under the spouse visa is credited to a citizenship application? I would have assumed that it would have been time on the ILR that would have been counted.

It seems remarkably generous of the Home Office!

I better get the paperwork in before the girls birthday then.

[secret.simon]

the time already spent in the UK under the spouse visa is credited to a citizenship application?

Yes.

I would have assumed that it would have been time on the ILR that would have been counted.

No.

The law requires that the applicant have been resident in the UK for the three/five years (depending on whether the applicant is or is not the spouse of a British citizen) immediately preceding the date of the naturalisation application (and also not have been illegally resident at any time within the ten years immediately preceding the date of application).