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Is citizenship possible for child born outside UK for Settled Parents after 5years of FLR and without ILR?

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

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britisher
Newly Registered
Posts: 11
Joined: Mon Dec 24, 2012 10:38 pm

Is citizenship possible for child born outside UK for Settled Parents after 5years of FLR and without ILR?

Post by britisher » Tue Sep 05, 2017 1:04 pm

Oct 2011: I got ILR based on 5 years stay in UK. Started with HSMP -> Tier 1 General and then ILR.
Aug 2012: Applied visa for Wife and Son using Family Settlement Application Form (VAF4A). She received SPOUSE/CP Visa(33Months)
Nov 2012: Both Wife and Son came to UK.
Jun 2013: I got my UK Citizenship.
Jun 2015: Applied for Visa extension using form FLR(M)
Wife - SPOUSE/PARTNER LEAVE TO REMAIN (Expiry: Jan-2018)
Son - DEPENDANT LEAVE TO REMAIN (Expiry: Jan-2018)

On 1st Nov 2017, both my Wife and Son will be completing 5 years in UK.

The question I have is: Can my son get citizenship directly after my wife gets ILR (through SET(M)) in November in this year As both parents would be on Settled Status from November?
OR
Should my Son also apply for ILR along with my wife and wait for one more year to get Citizenship?

I do read the following excerpt from the link - https://www.gov.uk/government/uploads/s ... y_2017.pdf

It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide. However, in considering any application not specifically covered above consideration will be
given to:
* the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK.
* where the child’s future is likely to lie.
* the parents’ views.
* the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
* whether the child is of good character
* 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)
* any compelling circumstances

If I can get Citizenship for my son directly this November, it will save ILR application fees for him and also the waiting period for one year.

Please would you clarify?

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: Is citizenship possible for child born outside UK for Settled Parents after 5years of FLR and without ILR?

Post by secret.simon » Tue Sep 05, 2017 1:21 pm

The one year waiting period does not apply either to your wife (because she is the spouse of a British citizen) or to your child (because registration of minors does not have a mandatory residence requirement).

It is an expectation that the child have ILR before applying for registration.
britisher wrote:
Tue Sep 05, 2017 1:04 pm
* the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK.
Some members on these forums (such as Big Dobby) have succeeded in getting their non-UK born children registered as British citizens without ILR. But they had to put together a very strong case of the child's connections to the UK. As I recall, in Big Dobby's case, both parents and all the child's siblings were already British citizens. That made the child's connections to the UK very strong, even without ILR.

Saving money on the ILR fees is not likely to be taken as a valid reason, given that that is how the Home Office is financed.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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