Naturalization/residency requirements for dependants

[refugee]

hi,

I have been living in the uk for 5 years+2days. I am thinking of applying for citizenship soon. I know my children will be registered as british but are there any residency requirements for my dependants(under 18s). i.e do they have to meet the five years residency requirment as well? Can you still register if he/she has been living in the UK for few days, lets say 5 days(with ILR status).

Please clerify.

Thanks

Abdul Akbari(refugee)

[John]

Abdul, it depends how old the children were when they first came to the UK :-

• if the child was 13 or more when they came to the UK then IND will be looking for at least two years residence for that child
• if 12 years old or less when they came to the UK then in practice there is no minimum length of time the child needs to have been in the UK before being Registered as British on the back of a parent being Naturalised as British.

Can I ask ... have you passed the Citizenship Test already?

[refugee]

Thanks for responding John.

Yes I passed the test few days ago. I would not been able to answer almost 75% of the questions if I had not studied the book.

Abdul.

[JAJ]

Abdul, it depends how old the children were when they first came to the UK :-

• if the child was 13 or more when they came to the UK then IND will be looking for at least two years residence for that child
• if 12 years old or less when they came to the UK then in practice there is no minimum length of time the child needs to have been in the UK before being Registered as British on the back of a parent being Naturalised as British.

I thought it was age at time of application rather than age on first arrival to the UK. Section 9.15 of the Nationality Instructions appears to back this up:
http://www.ind.homeoffice.gov.uk/ind/en ... f_any.html

I would also point out that the requirements are policy guidelines rather than legal imperatives and hence there is scope for flexibility if the circumstances warrant it.

The original poster must himself have held ILR for 1 year if he is applying for naturalisation under the normal "5 year requirement". If he got ILR at the same time as his children he will likely need to wait longer, unless he is married to a British citizen.

[John]

JAJ, on reflection I think you are right. I think the following words :-

9.15.21 Applications for the registration of minors aged 16 or more on first arrival in the United Kingdom .....

-: led to the confusion in my mind. But I agree that the age 13 dividing line applies to the age at the time of application, not the age when the child first arrived in the UK.

[JAJ]

JAJ, on reflection I think you are right. I think the following words :-

9.15.21 Applications for the registration of minors aged 16 or more on first arrival in the United Kingdom .....

-: led to the confusion in my mind. But I agree that the age 13 dividing line applies to the age at the time of application, not the age when the child first arrived in the UK.

That is because those over 16 on first arrival in the UK are unable to accumulate 2 years residence before no longer being eligible for section 3(1) registration. Such persons usually have to apply for naturalisation as adults.

[John]

JAJ, yes I appreciate that now. Thanks for pointing this out.