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British Citizenship eligibility for Spouse and Child

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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a_karthik
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British Citizenship eligibility for Spouse and Child

Post by a_karthik » Mon Aug 12, 2013 12:52 am

Hi,
I have lived in UK for 5.5 years (till date) and received ILR in Mar 2013. I was on Work Permit visa and Intra Company Transfer Long Term Staff visa before receiving ILR. My wife and Kid (3 Years old, born in India) have lived in the UK for 2.5 Years (till date) as dependants and received ILR together with me in Mar 2013. In Mar 2014 (One year after receiving ILR), I will be applying for UK Citizenship with my wife and kid.
1. Can you please clarify if my wife and Kid are eligible for UK Citizenship in Mar 2014 when they apply together with me?
Note: When I received the ILR, the Immigration officer informed that all of us are eligible for British Citizenship in Mar 2014 provided we are not out of UK for more than 90 days till Mar 2014.
2. If my kid receives UK Citizenship in Mar 2014 and then returns to India, will she need to re-apply for UK Citizenship when she turns 18? If Yes, should she be present in UK for re-applying and meet the residential requirements OR can she re-apply from India without meeting the UK residential requirements? Please clarify.
Thanks in advance for your help.
Last edited by a_karthik on Mon Aug 12, 2013 1:26 am, edited 1 time in total.

vinny
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Post by vinny » Mon Aug 12, 2013 1:08 am

Where was your kid born?
See also FAQ.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

a_karthik
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Posts: 4
Joined: Mon Aug 12, 2013 12:35 am

Post by a_karthik » Mon Aug 12, 2013 1:28 am

vinny wrote:Where was your kid born?
See also FAQ.
Hi, the child was born in India.

VR
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Joined: Fri Jun 07, 2013 9:34 am

Citizenship for Kid

Post by VR » Mon Aug 12, 2013 6:25 am

Karthik,

1. Yes they are eligible and you can make a joint application.
2.You say your kid is going to India after applying for Citizenship in Mar-2014.
a) Once citizenship is granted, there is no need to re-apply after becoming 18.
b) Once citizenship is granted in Mar-14, you will have to surrender the Indian Passport within 3months of Naturalising and obtain a Person of Indian Origin or Overseas Citizen of India for your kid and family to be able to move to India in an unrestricted manner.

c)Yes the immigration officer was right about the 90 days. For other conditions refer to the faq's and guide AN.
cheers
vr

a_karthik
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Re: Citizenship for Kid

Post by a_karthik » Mon Aug 12, 2013 11:04 am

VR wrote:Karthik,

1. Yes they are eligible and you can make a joint application.
2.You say your kid is going to India after applying for Citizenship in Mar-2014.
a) Once citizenship is granted, there is no need to re-apply after becoming 18.
b) Once citizenship is granted in Mar-14, you will have to surrender the Indian Passport within 3months of Naturalising and obtain a Person of Indian Origin or Overseas Citizen of India for your kid and family to be able to move to India in an unrestricted manner.

c)Yes the immigration officer was right about the 90 days. For other conditions refer to the faq's and guide AN.
cheers
vr
Hi VR, Thanks for the response. Can you please provide some additional clarifications.
Point 1: As per the residential requriements for spouse in the link below, 3 years period is only applicable to spouse of British Citizen. In my case when applying togetrher for British Citizenship, my wife will not fall under 'Spouse of British Citizen'category as I will only be an ILR holder when applying for citizenship.
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Point 2a: As per one of the updates in the link below, children have to reapply for naturalisation as an Adult when they turn 18. I am not sure if this is applicable in my case. Can you please confirm if it is applicable in my case or not.
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

Thanks for your help.

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CR001
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Re: Citizenship for Kid

Post by CR001 » Mon Aug 12, 2013 11:23 am

a_karthik wrote:Hi VR, Thanks for the response. Can you please provide some additional clarifications.
Point 1: As per the residential requriements for spouse in the link below, 3 years period is only applicable to spouse of British Citizen. In my case when applying togetrher for British Citizenship, my wife will not fall under 'Spouse of British Citizen'category as I will only be an ILR holder when applying for citizenship.
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/ Your wifes' approval will be dependent on your approval. Generally, if making a joint application, both applicants should meet the 5 year residence requirement. Her application will possibly be delayed until you are approved and attend the ceremony to receive your certificate. It might be worth to wait for your approval and ceremony and then apply for your wife.

Point 2a: As per one of the updates in the link below, children have to reapply for naturalisation as an Adult when they turn 18. I am not sure if this is applicable in my case. Can you please confirm if it is applicable in my case or not.
http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/ Your assumption is incorrect and is not what it says. If child is registered as British, they will always be British. No further applications are required. If the child turns 18 during the application process, then an additional ceremony fee is payable and they need to attend the ceremony.

Thanks for your help.
Char (CR001 not Casa)
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