citizenship for children and spouse of British by descent

[mks]

Hi
Please guide me.

My wife is British citizen by descent and I am in UK on Tier 2 visa with my two kids (Age 5 years and 3 yrs) who are tier 2 visa dependent on me . My kids were born abroad so did not inherit British citizenship automatically. My wife also live with us.

My questions are

1.We are considering application for our children registration as British citizen under MN section 3(5) after completion of 3 years stay in UK. Do my kids need to have ILR (indefinite leave to remain) before applying? or it is not applicable for children in this particular section.

2. it is mentioned that spouse of british citizen can apply for citizenship after 3 years stay in uk however needs ILR, which i can only get after 5 years of stay. it is confusing Can somebody help me understanding this mystery.



Many thanks

[CR001]

1.We are considering application for our children registration as British citizen under MN section 3(5) after completion of 3 years stay in UK. Do my kids need to have ILR (indefinite leave to remain) before applying? or it is not applicable for children in this particular section.

No they do not require ILR.

2. it is mentioned that spouse of british citizen can apply for citizenship after 3 years stay in uk however needs ILR, which i can only get after 5 years of stay. it is confusing Can somebody help me understanding this mystery.

A spouse visa pre July 2012 was issued for 2 years and then 1 year of ILR = the 3 year citizenship rule for spouse fo BCs.

But you are correct, you need ILR first, which takes 5 years regardless of which visa route you are on. However, once you have ILR, you don't have to wait 12 months to apply for citizenship as you can apply immediately as spouse of BC based on 3 years residence provided you meet all the requirements.

[mks]

Thank you for your reply