MN1 eligibility for children with ILR

[najas]

Hi,

We are planning to apply for naturalisation for my son (5 years), my daughter (3 years) and myself. My son was born in UK and my daughter was born outside UK. All three of us have ILR since Sep 2011. My wife has residence permit under the "spouse" of person settled in UK category. My doubt is "Is my son and daughter eligible for naturalisation". I have this doubt because my wife does not have ILR yet.

Many thanks

[Amber]

Hi,

We are planning to apply for naturalisation for my son (5 years), my daughter (3 years) and myself. My son was born in UK and my daughter was born outside UK. All three of us have ILR since Sep 2011. My wife has residence permit under the "spouse" of person settled in UK category. My doubt is "Is my son and daughter eligible for naturalisation". I have this doubt because my wife does not have ILR yet.

Many thanks

Children are registered not naturalized. The child born in the UK is entitled to be registered under section 1(3) of the British Nationality Act. The child born outside the UK would be subject to discretion under section 3(1). Whilst both children could register now, it would perhaps be better to register the child born abroad once the parents are British.

[najas]

Hello Amber,

Thank you very much for this input. So if we register the child born outside UK after the I do the naturalisation, does it make a difference? Even in this case only one of the parents will be British. In short, is there a difference between a parent being British and parents beings British at the time of registration?

Many Thanks

[Amber]

Hello Amber,

Thank you very much for this input. So if we register the child born outside UK after the I do the naturalisation, does it make a difference? Even in this case only one of the parents will be British. In short, is there a difference between a parent being British and parents beings British at the time of registration?

Many Thanks

See here for what the case worker will look at for the child born outside the UK.

[Jambo]

Your doubt about your daughter is correct. The HO would expect both parents to be British/apply for naturalisation/hold ILR (one of these options for each parent).

See Q1 in Citizenship FAQs - Common Questions - Read before posting - children.

[najas]

Hello Amber, Thank you. The information is very helpful.

Hello Jambo,

I read the information in the link that you provided and I have found something that I did not know before that can impact my wife's naturalisation application.

My wife and and I came to UK together in 2006. I had Work permit and my wife was my dependent. In 2008, my wife switched to HSMP because she started working here. Later before applying for PR we were not able to convert my wife's visa back to my dependent because for that she had to travel back to India which we could not do at that point. Hence I applied for ILR and my wife applied for "spouse of a person settled in UK". My wife will complete two years in that category in Oct and hence she can apply for ILR in Oct. By Oct my wife would have lived in UK for seven and half years in total with some breaks in between but not exceeding the 450 days in the last 5 years.

If I apply for naturalisation now and hopefully get Citizenship now, then how long should my wife wait after she gets her ILR before applying for naturalisation?

When I read the information in the link provided by you, I got a feeling that she can apply immediately after acquiring the ILR if I have already acquired the citizenship

Many Thanks

[Jambo]

When I read the information in the link provided by you, I got a feeling that she can apply immediately after acquiring the ILR if I have already acquired the citizenship

Your feeling is correct. She could apply the same day her ILR is approved as she will be a spouse of a BC. I suggest you wait with the children applications until your wife apply and apply for them together.

[najas]

Hello Jambo, Thank you very much. This information is helpful.