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Min. stay requirement in UK for child before Naturalization

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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psTier1
Junior Member
Posts: 75
Joined: Mon Oct 24, 2011 11:41 am

Min. stay requirement in UK for child before Naturalization

Post by psTier1 » Sat Feb 23, 2013 5:43 pm

Hi, I am new to this section and don't know whether this question is already answered or not.

Question - Is there any, minimum number of days stay in UK, requirement for children (Like adult not more than 90 days in last 12 months) before applying the Naturalization? I just saw following point in MN1 form -

"2.3 Please give details of all absences from the United Kingdom and the British overseas territories during the period of residence above"

Please confirm?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Feb 23, 2013 11:25 pm


psTier1
Junior Member
Posts: 75
Joined: Mon Oct 24, 2011 11:41 am

Post by psTier1 » Sun Mar 10, 2013 9:28 pm

Thanks Jambo for your response.
Based on FAQ Q2 for children -
"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. "

I understand 2 years residence proof is requirement for children over 13 years old but when I check the NCS document list for Minor (mentioned below) then I can't find any age related specification means they are requesting documents for all children irrespective of their age.

NCS document list for a minor application:
- Passport/Travel Document to cover past 2 years
- Confirmation of Indefinite Leave to Remain for Child and Parent
- Birth Certificate
- School Letter to cover past 2 years
- If only one parent is attending the NCS appointment, you will need to bring your marriage certificate

Could you please confirm,
1. Do I need to submit the 2 yrs residence proof for my children (born abroad) even though they are not over 13?
2. My wife received ILR with me, Is there any requirement that she has to be in UK when applying for citizenship for children? (No where i have seen this requirement. Please provide link if you find any where)

Thanks in advance.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Mar 11, 2013 6:06 am

1. As this is a NCS document, why don't you ask NCS? I'm not aware of such requirement in the caseworkers' instructions.
2. No.

psTier1
Junior Member
Posts: 75
Joined: Mon Oct 24, 2011 11:41 am

Post by psTier1 » Sun Mar 17, 2013 9:14 pm

Thanks Jambo.

One more query .... Can I apply British Citizenship for my children with me while they are not in UK physically?
If yes then please tell me what are mandatory requirements for them to meet if they are away for BC?
Thanks

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Mar 18, 2013 6:27 am

Born abroad child application is at discretion. An important criteria is that the child's future lies in the UK. Although there are no residence requirements for children younger than 13, it is unlikely the HO would grant BC to born abroad children who are not living in the UK (as it doesn't seem that their future lies in the UK).

If they live in the UK but away on holiday, that's fine. They don't need to attend the appointment.

psTier1
Junior Member
Posts: 75
Joined: Mon Oct 24, 2011 11:41 am

Post by psTier1 » Mon Mar 18, 2013 7:20 am

Jambo wrote:Born abroad child application is at discretion. An important criteria is that the child's future lies in the UK. Although there are no residence requirements for children younger than 13, it is unlikely the HO would grant BC to born abroad children who are not living in the UK (as it doesn't seem that their future lies in the UK).

If they live in the UK but away on holiday, that's fine. They don't need to attend the appointment.
Thanks, so in that case they must be in UK for last 12 months (except holidays) after getting the ILR
If they (age less than 13yrs) have spent very less time in UK in last 12 months after getting ILR then their chances are very less to get BC with parent?

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Mar 18, 2013 7:35 am

This is an application at discretion. There is no "must" but naturally the longer time they spend in the UK, the higher their chances for discretion to be applied. It also depends how old they are, the older they are, the longer residence periods would be expected.

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