Process - British Citizenship

[Cisadi]

Hello Everyone ,

I am at lost because of too much of information. Please have a look at my scenario below and suggest the best process. Thanks.

1. Myself, my wife and a 2 year son got ILR last year from HSMP (Tier 1) Visa.
2. ILR is stamped on all three passports.

Question :

1. Should I apply for my son's British Citizenship now ?
2. If yes, How ? (Filling in MN1 and then what ? )
3. My wife came to UK in 2007, does she need to wait till she completes 5 Years in the UK ?
4. Should we both apply for Citizenship together ?
5. Is there a provision that all three of us can apply together ?
6. Please explain the process of Citizenship application.

Thank you very much for any feedback you can give.

Regards,

[geriatrix]

1. If child is born in the UK then he is entitled to be British (Section 1(3)) and if the child is born abroad, then registration is at discretion (Section 3(1)). Under Section 3(1), the application must be made at the time of (or after) your naturalisation application.

2. In both cases (entitlement or at discretion), use form MN1 to apply for registration, and once registered apply for British passport for the child.

3. Route 1 - Complete 5 years in the UK and upon fulfilling standard requirements apply for naturalisation. Route 2 - Once you naturalise and are granted citizenship (naturalisation certificate), your wife may then apply for naturalisation as spouse of British citizen as and when requirements for spouse /civil partners are met. Route 2 is a quicker route to naturalisation for your wife.

4. Don't believe so (application through route 2 requires that you be a citizen before an application can be made by your wife).

5. Again, don't believe you can. (Wife doesn't fulfil requirements at the same time as you).

6. How do I apply for British citizenship or another form of British nationality?


regards

[Cisadi]

Thank you very much for the valuable info.

"4. Don't believe so (application through route 2 requires that you be a citizen before an application can be made by your wife). "

- I thought if we apply together I'll be granted the British Citizenship (provided that my application is succesful) and then her application will be treated automatically as a wife of British Citizenship. (The process similar to that of ILR when applying for ILR as a dependend of Tier 1 Migrant)

Is this not the case ?

[Cisadi]

Anyone ?? Thanks.

[geriatrix]

18.2.2.1 A person may be granted a certificate of naturalisation as a British citizen under s.6(2) of the British Nationality Act 1981 if, on the date of application, the applicant:
• is of full age (i.e. aged 18 or more); and
• is of full capacity (see Annex A); and
• is married to/in a civil partnership with a British citizen (see Annex F to Chapter 6 and the entries "MARRIAGE" and "CIVIL PARTNERSHIP" in Volume 2); and
• meets the residence requirements set out in 18.2.2.2 below; and, at the time of consideration:
a. is of good character (see Annex D); and
b. remains of full capacity (see Annex A); and
c. (if the application is made on or after 28 July 2004) has a sufficient knowledge of the English, Welsh or Scottish Gaelic language, and can provide the appropriate evidence to support this (see Annex E); and
d. (if the application is made on or after 1 November 2005) has a sufficient knowledge of life in the United Kingdom, and can provide the appropriate evidence to support this (see Annex E Section 1).

Your wife can be considered as married to a British citizen only from the day you receive naturalisation certificate.

regards