Sponsoring migrant and his family

[MarkCa]

Hello,

My company has sponsored 6 employees so far and I am quite familiar with the process of both sponsoring individual people as well as helping their married partner and young children coming as dependants.

However, I am now negotiating sponsoring worker whose child is 11 years and a few months old.

Assuming we get visa immediately and there are no complications, they would come immediately and we would be fine for his child still being under 18 when he gets British Citizenship (5 years to ILR and 1 year to Citizenship).

However, we are quite close to the deadline and any delay might push us in time so his child ends up being 18 when he becomes British Citizen.

Therefore, in either case, when he becomes British Citizen, his child would already be living in England with him and his wife for 6 years. It is only a question wether she will be under or over 18. Also, she will most probably get ILR close to her 17th birthday (before she is 18).

Considering the fact that she will probably receive ILR before she is 18, will she:

a) apply for citizenship based on her ILR, 12 months after she receives it, and for as long as she meets 5 year / less than 450 days total and 90 days in the last 12 months criteria it doesn't matter if she is under or over 18

or

b) regardless of the fact that she will receive ILR before she is 18, she still needs to be under 18 to receive citizenship based on the fact that she came to the UK as child of the main applicant?

Thanks!

[secret.simon]

As the questions are about acquisition of British citizenship for the prospective child migrant, I have moved the thread to the British citizenship forum.

As the minor child of an Skilled Worker, she will continue on the PBS Dependent pathway (unless she starts leaving an independent life) till ILR, which is the end of the immigration pathway.

So, at the very least, she will get ILR within the UK, which has most of the same rights and benefits of a British citizen within the UK.

As for British citizenship, it depends on her age on the date of application.

If both her parents and she have ILR AND one of the parents is applying to become a British citizen before her 18th birthday, she can apply to register as a British citizen as well.

On the other hand, even past her 18th birthday, because she will have already got ILR on the PBS Dependent route, she will still be eligible to naturalise as an adult. She will need to meet the same requirements (absences, physical presence, English language test, LITUK test, etc) as her parents, but she will still be eligible for that.

[MarkCa]

Thank you so much for detailed answer! Much appreciated!

Just to clarify for future, if I understood you correctly, as long as PBS dependent child starts before child is 18, it can be continued even after child gets 18? For example, 17 year old child gets 3 year PBS Dependant visa, can she then renew it for 3 years when she is 20 and apply for ILR when she is 22?

In either case, you have answered my original question and it will all be fine in this case (as child will get ILR before 18th birthday), but just to know for future.

[secret.simon]

Just to clarify for future, if I understood you correctly, as long as PBS dependent child starts before child is 18, it can be continued even after child gets 18? For example, 17 year old child gets 3 year PBS Dependant visa, can she then renew it for 3 years when she is 20 and apply for ILR when she is 22?

That is my understanding. Note that that process only lasts till ILR.

[MarkCa]

Ok, understood. Thanks!