Child born abroad-Residency Requirement-apply with parent

[mm-2012]

Hi All,
I tried to search various posts for the problem pertaining to my son’s case whilst applying for British citizenship but did not succeed hence looking for input here
My status – I am on ILR (indian citizen) and applying for British Citizenship along with my son
Son Status – Born aboard (india) and currently on ILR from oct 2012
Question I have is-
1. What residency requirement is applicable to my son if I am applying for his British citizenship when i am applying his application (MN1) along with mine (NA) ?
2. Dose he need to be in UK for 5 years or 3 year ?
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I have looked in to MN1 guideline dochttps://www.gov.uk/government/uploads/s ... y_2017.pdf ,section 2 (residency). Which says :
2.1 For an application for a child who was born abroad and who is now living in the UK or a British overseas territory, say when they first arrived.
2.2 Provide all the child’s home addresses in the UK or the British overseas territory for the last 5 years. If the child has lived in the UK for less than 5 years, provide all addresses since entry.
2.3 Fill in this table showing the periods the child has been abroad during the 3 years residence in the UK or British overseas territory if appropriate ignoring the day they left and arrived back in the United Kingdom/territory. If there is not enough room for all the absences then continue on page 31. Add up the total and write it in the space indicated.

[secret.simon]

What is the UK Immigration status of the other parent?

[Obie]

If the child was born in India and has ILR, it is likely or very highly likely that the mother also has ILR, or the father has been successful in proving sole responsibility.

There is no residency requirement by law, the child is able to register at the time of your naturalisation application under Section 3(1).

[mm-2012]

hi
Thanks for your replies.

Other parent is on ILR as well.

Re on section 3.1, it make sense but I called UK British nationality and citizenship contact number and explain my scenario,they end up suggesting to refer page 16 of MN guidance i.e. -

 the length of time the child has lived in the UK – we expect at least 2 years
residence (particularly if the child is over the age of 13)

so, I am not sure what is the exact requirement here ?

Also, if its 2 years then they have additional requirement that the applicant has be in @uk exactly 2 year ago and on the same day ! i.e. if I am applying for BC on 23/06/2017 then I must be physically present on 22/06/2017.... !

Inputs are highly appreciated as i have got an appointment next week and I am discovering this unclear rules now

[ouflak1]

The reason why this isn't exact is because there is some discretion here with regards to a wide variety of circumstances. Generally, the older the child is, the more necessary the 2 year (atleast) requirement is. The more time the better. If the child is very young and has lived most of their life in the UK anyway (let's say 90% and present shortly after birth), then a specific residency requrement doesn't really apply. It's because of this range of possibilities that you will find it hard to get a concrete specific answer. There is no requirement for dates of the application relating to presence in the UK.

[secret.simon]

How old is the child? Requirements differ based on age of the child, as Ouflak1 has explained.

[JAJ]

It's fairly clear in Chapter 9 of the Nationality Instructions (9.7.15-9.17.23)- no specific residence requirement if aged less than 13, as long as the child is resident in the U.K.). 2 years normally required if aged 13-17. These are guidelines rather than statutory requirements but should be followed in the vast majority of cases.
https://www.gov.uk/government/uploads/s ... 150402.pdf

[mm-2012]

thanks Ouflak1,Seceret.simon,JAJ,much appreciated.

my son is 5 year now and enter the UK 4 months after is birth in 2012.

Though he was out of UK for around 285 days over a 5 years period.

So, I think the 2 year clause would not apply to my son and there is no requirement me for him physically present on given specific date in the history ?

[CR001]

So, I think the 2 year clause would not apply to my son and there is no requirement me for him physically present on given specific date in the history ?

Not applicable to him no.