Advise on Naturalizing my Son

[isaac2k2]

Hi,

My wife & I and my son have been in UK for 16 years but have not naturalized due to health challenges. We have two other twin girls born in UK when we had Limited Leave to Remain before we got ILR and Settled Status.

Challenges:
1. We are told few years ago that my twin girls born here will also have to naturalize despite them being 15 years now and were born here. Is this still the case?
2. Due to cost of naturalizing 5 people, is it possible for one of the parents to naturalize first?
3. My son is now 18 so I guess he will be treated as adult now.

Thanks

[CR001]

1. Yes, they have an entitlement to register as British untill they turn 18. Children under 18 are registered, not naturalised. Form MN1. You don't need a parent to also apply to register them as British. You could have registered them as soon as one parent got ILR. UK born children also don't need ILR to apply for citizenship.

2. There is no rule that you must all apply together. One parent can apply, no issue.

3. Yes, an adult and he needs English B1 and LIUK. He needs to have held ILR for at least 12 months and meet all the standard 5 year residence and absence requirements.

[secret.simon]

1. We are told few years ago that my twin girls born here will also have to naturalize despite them being 15 years now and were born here. Is this still the case?

Since at least the 1940s, the rule has been that acquiring British citizenship at any time after birth is never automatic and requires either registration or naturalisation (depending on the specific circumstance). So, if the two twin girls were not born British citizens, they will need to register or naturalise as British citizens. They will not acquire British citizenship automatically.

If they can prove that they were born in the UK AND lived in the UK for the first ten years of their lives with absences of no more than 90 days per year, then they have a lifelong entitlement to register as British citizens. The challenge is obtaining proof that they lived in the UK for the first ten years of their lives as school records and doctors records are often deleted after a period of time due to GDPR.

Since you have ILR, they are also entitled to register as British citizens before their 18th birthday, as CR001 has advised above.

2. Due to cost of naturalizing 5 people, is it possible for one of the parents to naturalize first?

I would suggest prioritising the twin girls first as they can only register as British citizens before their 18th birthday. So there is a hard deadline, whereas naturalisation does not have a hard deadline in terms of when it has to be done by.

3. My son is now 18 so I guess he will be treated as adult now.

Correct. He will need to meet all the same requirements as you, including the language and LITUK test requirements, as advised above by CR001. Note that merely having gone to school in the UK will not be enough for the English language requirement. He will need to have passed the requisite test or have completed a degree course in the UK. School attendance/GCSE/A-levels/attending university does not count.

[isaac2k2]

Hi,

My son will turn 18 in August and he currently has a settled status. I have been advised to naturalize him before he turns 18.

Do I need a lawyer for this to avoid any mistakes or is it straight forward for me to apply for him directly?

Thanks

[CR001]

Topics merged!!

You previously stayed he is already 18!! So which is it?

[isaac2k2]

I meant to say he will be 18 in August.

[contorted_svy]

You can apply directly. Children under 18 are registered, not naturalised.

[isaac2k2]

Would it be an issue if my son's current native passport had expired. I have initiated a renewal but it will take about 4 months.

[alterhase58]

Use the expired passport, it’s acceptable .

[isaac2k2]

Thanks