Post
by ola1 » Wed Oct 10, 2012 9:58 pm
Children
Eligibility
Q1: Can my son apply for naturalisation?
The term used for children applications as BC is Registration and not Naturalisation. The requirements for children are a lot simpler than for adults.
UK born
In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.
This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.
If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.
born abroad
If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect that the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17 .
Q2: My child has been away from the UK. Can he apply for Registration?
There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).
If application under section 3(1) (children born abroad) - There are no residential requirements for children under 13 years old. Children 13-16 years old are expected to have lived in the UK for 2 years before applying. Children who moved to the UK aged 16 or more are likely to get refused and should apply as adults once they meet the Naturalisation requirements.
Q3: I’m due to apply for ILR. Can I skip applying for ILR for my child?
If the child is UK born, then he can apply for registration as BC once one parent is granted ILR, irrespective of immigration status so ILR application can be skipped. However, the process of applying + passport application can take 3-6 months so if there are plans for the child to travel during that period, he will require a suitable visa to re-enter the UK. In that case, you should not skip the ILR.
For children born outside the UK, ILR is normally required.
Fees
Q1: How much is the cost of registration application?
See fees. The fees are separate from the adults application fees. Discounted fees are applicable when more than 1 child applies.
Application form
The application form is MN1 and the MN1 guide.
Q1: I can’t find a professional referee to support my child application. What should I do?
Try the GP or health visitor.
If applying under section 1(3) (child born in the UK), and you can't find a referee who knows the child in a professional capacity, just get any professional to sign. The HO are less strict on the referees especially if the child is young.
Q2: Which documents are needed for registration as BC?
If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:
- Full UK birth certificate for the child (with the ILR parent named on it).
- Child passport (if has one).
- Parent's passport showing ILR.
- Marriage certificate (if child born before 2006).
All documents need to be originals. Not a photocopy.
