Need Guidance to apply for British Citizenship

[neels111]

DA,

I got my ILR with my 8 year old in Oct 2016 under Tier1 General migrant route ( after continuous 5 year stay) . As I've now completed 12 months on ILR , i believe i am eligible to apply for Citizenship with my son.

Please can someone advise me what is correct form ( MN1) to apply for citizen . is there any specific link which outline full process / documentation needed for applying citizenship, I am aware that i can apply via national citizenship helpdesk provided at local council, but I need list of documents and process to apply.

I also have one speeding ticket which i got last year in Oct 2016 and i received 3 penalty point and 100 £ Fine. Is this going to cause any issue for my application ?

Thanks in advance.

[CR001]

Is your child UK born or born abroad?

Form AN for you (click)

Form MN1 for the child depending on your answer to question I have asked (click)

Citizenship FAQs (click)

[neels111]

Is your child UK born or born abroad?

Form AN for you (click)

Form MN1 for the child depending on your answer to question I have asked (click)

Citizenship FAQs (click)

Hi CR,

Thanks for your quick response, appreciate that.

My son was born in India, and got ILR with me on 4th Oct 2016 , so Form MN1 will apply for him ? .

I' m concerned about that Speeding ticket ( SP30: Exceeding statutory speed limit on a public road) which i got on 23 Oct 2016 , though i paid fine on time and got penalty points, but i did get Court Notice because DVLA failed to endorse my License with 3 points but they confirmed me in writing that they've done so.

Later when I plead /appealed to court with proof of confirmation from DVLA about my license endorsement , that court notice was closed and DVLA corrected their records ( which i believe happen without any conviction ).
Is this reason enough that my BC application can be rejected ?

Thanks again.

[CR001]

Your son will qualify for citizenship when you hold BC and your wife holds ILR (my understanding of the rules).

How long has your son lived in the UK?

How long has your spouse lived in the UK?

[neels111]

Your son will qualify for citizenship when you hold BC and your wife holds ILR (my understanding of the rules).

How long has your son lived in the UK?

How long has your spouse lived in the UK?

I am on ILR since 4 Oct 2016, My wife is still on Tier1 dependent visa and will be eligible for ILR in March 2018, does this mean i can't apply for my Son BC before March 2018 when my wife gets ILR ?

My Son is here in UK since 2011 but in 2013 visa was reset ( because of visa expiry, so applied fresh visa )

Same case with my wife , she is here since 2011 but because of her Tier1 visa expiry in 2013 , her 5 year stay counter was reset and she is eligible for ILR in March 2018.

Thanks

[neels111]

Your son will qualify for citizenship when you hold BC and your wife holds ILR (my understanding of the rules).

How long has your son lived in the UK?

How long has your spouse lived in the UK?

It seems what you're saying is correct, Rules says following -

Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”.

Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK

[CR001]

Strange, the child would normally qualify for ILR when the mother does if they have the same validity visas etc.

See page 14 of the MN1 guide for registrations under section 3(1).

https://www.gov.uk/government/uploads/s ... y_2017.pdf

Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

[neels111]

Strange, the child would normally qualify for ILR when the mother does if they have the same validity visas etc.

See page 14 of the MN1 guide for registrations under section 3(1).

https://www.gov.uk/government/uploads/s ... y_2017.pdf

Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

My son is already on ILR as he got it last year with me and now he completed 12 months on ILR with (though my wife ILR was rejected because of visa expiry in 2013 and her counter was reset) , I thought anyone who has completed 12 months on ILR are eligible for BC , but rules seems to suggest that my son can apply for BC only when mother get ILR ( which is strange really )

" if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK"

[CR001]

I thought anyone who has completed 12 months on ILR are eligible for BC ,

Children do not usually require the 12 months on ILR.

but rules seems to suggest that my son can apply for BC only when mother get ILR ( which is strange really )

But yes, if born abroad, they usually follow the path of the less privileged parent in visa terms, i.e. if applied for new entry clearance at the same time as wife in 2013 then child should usually qualify for ILR when wife does.


Up to you whether you wish to apply for the child. The application is wholly at discretion of HO, there is no entitlement to register for the child. If the application is refused, you will lose the £900 odd fee. See caseworker instruction below.

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

[neels111]

I thought anyone who has completed 12 months on ILR are eligible for BC ,

Children do not usually require the 12 months on ILR.

but rules seems to suggest that my son can apply for BC only when mother get ILR ( which is strange really )

But yes, if born abroad, they usually follow the path of the less privileged parent in visa terms, i.e. if applied for new entry clearance at the same time as wife in 2013 then child should usually qualify for ILR when wife does.


Up to you whether you wish to apply for the child. The application is wholly at discretion of HO, there is no entitlement to register for the child. If the application is refused, you will lose the £900 odd fee. See caseworker instruction below.

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

I'll wait until March and then will apply for my son as I've already lost significant money in this process , though i may apply now as i am eligible for BC.

I want to thank you for your help and patience to read and answer my queries, and sharing important links which are quite helpful.

Thanks again.

[CR001]

I'll wait until March and then will apply for my son as I've already lost significant money in this process , though i may apply now as i am eligible for BC.

Probably best to do that for your son as reading your previous posts the ILR refusal for your spouse would have cost you a lot in lost fee and subsequent extensions cost to reach 5 years.

I want to thank you for your help and patience to read and answer my queries, and sharing important links which are quite helpful.

You are welcome, feel free to ask any questions you might have.

[neels111]

I'll wait until March and then will apply for my son as I've already lost significant money in this process , though i may apply now as i am eligible for BC.

Probably best to do that for your son as reading your previous posts the ILR refusal for your spouse would have cost you a lot in lost fee and subsequent extensions cost to reach 5 years.

I want to thank you for your help and patience to read and answer my queries, and sharing important links which are quite helpful.

You are welcome, feel free to ask any questions you might have.

Hi CR,

Need your advice on English requirement for me when applying for BC. I got initial Tier 1 General visa as my college/ university was listed on UK Home office site which they consider, taught the courses in English, as a result, I never supplied any separate evidence for English language requirement and on same basis I got ILR ( though i passed Life in UK test ) .

Do we need to provide any evidence now ? or i should simply click on following in AN form ( page 7) ?

"I met the knowledge of language and life requirement to qualify for settlement on or after
28th October 2013"

Thanks.