Naturalisation for spouse and children

[greenhorntechie]

Hi,

Good Morning!

I received my British Citizenship in Jan 2022. I have a question regarding applying for Naturalisation for my wife and two kids. Please find their recent immigration status.


1. Wife - Received ILR in July 2020. However, she was outside the UK from December 2020 and returned only in June 2022 i.e. around 18 months period. Her ILR BRP expires on 31-12-2024

2. Daughter - Same as my wife mentioned above

3. Son - He was born in July 2021 in India. We applied for his British visa in December 2021 and received it in May 2022. However, initially, his BRP had the wrong type where it was mentioned as PBS dependent, whereas the visa vignette on the Passport had the type “D - Settlement to join Parent(s)”. So I recently realised this mistake and requested the issue of a new BRP. Home Office issued a new BRP on 30th March 2023 where the type is now mentioned as Settlement (Indefinite Leave to Remain)


The questions I have now are as below:

1. Whether I can apply for my wife and kids’ naturalisation in June once they complete 12 months of stay since their travel to the UK last June?

2. Can I apply for all three of them together, or should I apply only for my wife and daughter in June and wait for my son’s naturalisation, as he received his corrected BRP only recently?

Please share your valuable input on how to proceed further.

Thanks

[CR001]

1. Wife - Received ILR in July 2020. However, she was outside the UK from December 2020 and returned only in June 2022 i.e. around 18 months period. Her ILR BRP expires on 31-12-2024

She cannot have more than 450 days absence if applying on the basis of 5 years residence. As she is married to a British citizen, she then cannot have absence of more than 270 days in the last 3 years.

2. Daughter - Same as my wife mentioned above

Children do not have an absence limit.

1. Whether I can apply for my wife and kids’ naturalisation in June once they complete 12 months of stay since their travel to the UK last June?

There is no 12 months of stay since travelling. Where did you get this from?

2. Can I apply for all three of them together, or should I apply only for my wife and daughter in June and wait for my son’s naturalisation, as he received his corrected BRP only recently?

You can apply now for your children. Note children are not naturalised, they are Registered as British. Naturalisation is only for adults. Your wife needs to meet the absence requirements AND the physically present at the start of the qualifying period, 3 years or 5 years, before she can apply.

[greenhorntechie]

Hi, thanks for your response. I wasn't clear in my previous message, probably because I was unaware of the absence rules.

Your answer provided the required clarity, and upon further checking, I think we may have to wait for two more years, until June 2025, before applying for naturalisation for my wife under the category of "Spouse of a British Citizen" as she has been in the UK only since last June after her prolonged absence of close to 18 months. Naturalisation through ILR seems to take even longer and hence thinking to apply under the spouse category.

• Is there something that I need to be aware of if applying through the spouse category?

• For my kids, may I know what the process is to register them for British Citizenship?

• Secondly, should I wait until June, which will complete the 12 months period since my kids arrived in the UK? or can I apply straight away?

[CR001]

There is no single route for your spouse that is quicker than that other.

It's the same requirements for all route to naturalisation. S the spouse of a British citizens, she adds her marriage very and your passport.

You do NOT have to wait 12 months since children returned to apply. Really unclear why you believe there is even such a requirement. There is not. Children also do not have absence limits.

You complete form MN1 for children and they have to enroll biometrics too.

[greenhorntechie]

Thank you. But for the spouse of British Citizen, the absence is only 270 days in the last 3 years where as for the ILR route its 450 days in the last 5 years. So if she waits for another 2 years, then she can apply under the spouse category, where as for the ILR route, she has to wait for much longer as her previous absence is more than 450 days, which means her 5 years period starts only after her latest arrival into the UK last June.

For my kids, I will initiate the process by completing the MN1 form. Thanks

[greenhorntechie]

Thank you. But for the spouse of British Citizen, the absence is only 270 days in the last 3 years where as for the ILR route its 450 days in the last 5 years. So if she waits for another 2 years, then she can apply under the spouse category, where as for the ILR route, she has to wait for much longer as her previous absence is more than 450 days, which means her 5 years period starts only after her latest arrival into the UK last June.

For my kids, I will initiate the process by completing the MN1 form. Thanks

Am I correct in thinking with respect to my wife's naturalisation? Thanks

[vinny]

See also the separate statutory residential requirements for naturalisation under Section 6(1) and Section 6(2).