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Citizenship for Kids with parents who have ILR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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neeesz78
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Citizenship for Kids with parents who have ILR

Post by neeesz78 » Tue Sep 07, 2021 2:07 pm

Dear Team,
we are family of 4 (me ,wife and 2 kids aged 10 , 6)
We (Parents) now qualify for ILR through 10 year route (with no issues at all)

Can both of my kids apply for citizenship directly (after we are granted our ILR , OR even one of us)
My 6yr kids was born here but 10 yr was a baby (+4 months)
and what the rule that govern this ?

Regards

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CR001
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Re: Citizenship for Kids with parents who have ILR

Post by CR001 » Tue Sep 07, 2021 2:53 pm

UK born child can be registered as British once either parent gets ILR.

Child born abroad needs ilr first and can apply for citizenship when either parent does and the other parent has ilr
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

neeesz78
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Re: Citizenship for Kids with parents who have ILR

Post by neeesz78 » Thu Sep 09, 2021 2:03 pm

Hi Team, thanks for coming back
May I ask one more question please (final on this topic promise)

What if child born outside UK apply under the discretionary provision under section 3(1) ?
is it possible or no ?

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CR001
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Re: Citizenship for Kids with parents who have ILR

Post by CR001 » Thu Sep 09, 2021 2:44 pm

A child born abroad can only apply under the discretionary 3(1) rule and they still need ILR first and one parent must be applying for or already be British and the other must hold ILR

There is no shortcut route.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Citizenship for Kids with parents who have ILR

Post by secret.simon » Thu Sep 09, 2021 3:48 pm

neeesz78 wrote:
Thu Sep 09, 2021 2:03 pm
What if child born outside UK apply under the discretionary provision under section 3(1) ?
CR001 wrote:
Tue Sep 07, 2021 2:53 pm
Child born abroad needs ilr first and can apply for citizenship when either parent does and the other parent has ilr
The rules stated by CR001 are the rules for how the discretion in Section 3(1) is to be exercised.

If these requirements are not met, you need to provide strong compelling compassionate reasons for why these rules should be set aside for the child.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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