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Is ILR required for Child born outside UK for Registration as UK citizen

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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smt
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Joined: Sat Feb 03, 2018 11:46 am
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Is ILR required for Child born outside UK for Registration as UK citizen

Post by smt » Sat Feb 03, 2018 12:02 pm

Hi,
My spouse got her UK ILR in Nov 2017. Since my son and I were not eligible for ILR when my spouse received ILR, we had to extend our PBS dependant visas which is valid till Nov 2020.
We are eligible for ILR from Feb 2018 and I am planning to apply for ILR now. And hopefully by next year this time Feb 2019 me and my wife can apply for our UK Naturalisation.

My Question is; since my son has a PBS dependant visa till Nov 2020, can we apply for his citizenship registration directly in Feb 2019 when both me and my wife apply for naturalisation without requiring to apply for an ILR beforehand (ie Feb 2018). My son was born outside UK and he is well below 10 years of age.

I understand if my son was born in UK, he doesnt have to apply for ILR. There is no clarity in guidance document for MN1 application, whether ILR is required for the child or whether they definitely grant citizenship.

https://www.gov.uk/government/publicati ... n-form-mn1
"Registration at the Home Secretary’s discretion – Section 3(1)
application
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."


Appreciate any information or experience you can share.

Many Thanks,
Arjun

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CR001
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Re: Is ILR required for Child born outside UK for Registration as UK citizen

Post by CR001 » Sun Feb 04, 2018 12:42 pm

Children born abroad are expected to hold ILR

A few have had success but many have been refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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