Children 10 year route

[morth123]

As of January 2021, I have been holding an Indefinite Leave to Remain (ILR) status and am now eligible to apply for citizenship.

My wife and our two sons will reach their 10-year residency in the UK on May 14, 2024. Currently, they are on a family visa which expires on May 3, 2024, just a few days (11 days) short of completing the full 10 years. Note my children were born outside of UK.

I have a few questions regarding our situation:

1. Can I apply directly for citizenship (MN1) for my children without having them apply for ILR separately? This is mainly to avoid the ILR application costs for the children.

2. Given that my children's current visa will expire a few days before they complete 10 years of residency, can I submit the application 28 days in advance and schedule a biometric appointment so that it aligns with the 10-year requirement?

3. I presume I have to apply for ILR for my wife separately, as I understand there isn't a direct citizenship option for her like the MN1 application for our children?

Thanks
Mani

[contorted_svy]

I believe section 3(1) is what would apply to you, as your kids were born outside the UK I think they need ILR before being eligible for citizenship. Wife also needs ILR to become a citizen.

[morth123]

Thanks for your response. Just to check whether I am reading this right - Registration at the Home Secretary’s discretion – Section 3(1) application says that

Children who have lived in the UK for more than 10 years
Children will come within this category if:
• the child is in the UK lawfully
• the parents are in the UK lawfully
• both parents give their consent to registration (unless good reasons are provided)
• there is no reason to refuse on character grounds.

I believe this is applicable for children born outside of UK. Can someone confirm whether I can with this option (MN1) instead of getting ILR for my children?

Thanks
Mani

[Ticktack]

Not sure that looking for shortcuts has ever helped anyone. You kids need to be free from immigration restriction, that is ILR.

If you apply for citizenship straight, their current immigration status would expire. Then they have to leave to be in the country, no health care, nothing. What do you plan to do in this case?

The shortcut then becomes a very long problem.