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MN1 Qustion

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

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Melistora
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Posts: 3
Joined: Tue Mar 06, 2018 8:48 pm
United Kingdom

MN1 Qustion

Post by Melistora » Tue Mar 06, 2018 8:52 pm

Hi

I am currently in the process of applying for citizenship and I was wondering if I my brother could also apply he is 16 right now and we had ILR for almost two years now.
Can we register him as British citizen or would we have to wait till he is 18 for naturalisation?

thanks

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: MN1 Qustion

Post by secret.simon » Tue Mar 06, 2018 9:09 pm

What is the immigration status of both parents of the brother and was he born within or outside the UK?

Also, how long has he resided in the UK and on what basis did he acquire ILR?
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.

Melistora
Newly Registered
Posts: 3
Joined: Tue Mar 06, 2018 8:48 pm
United Kingdom

Re: MN1 Qustion

Post by Melistora » Tue Mar 06, 2018 9:15 pm

Hey

my brother was born in outside of the UK both of our parents have ILR aswell. We have been in the uk for about 9 years almost 10. Also our dad has German citizenship.

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: MN1 Qustion

Post by secret.simon » Tue Mar 06, 2018 9:23 pm

Are either parent also applying for British citizenship?

He can register, but there is a general expectation that one of the parents is also applying for naturalisation at the same time. He may want to put some thoughts into arguing good reasons on why he should be registered and how his "future clearly lies in the UK" when his parents (at least one) are not being naturalised.

Have a read through Nationality Instructions - Registration of children, particularly from page 27 onwards.

Page 28 of the document above states
It will rarely be right to register a child neither of whose parents is or is about to become a British citizen. However, each case must be considered on it’s individual merits and there may be exceptional circumstances to justify registration in a particular case such as:
• older children (16 and above) who have spent most of their life in the UK or children who require citizenship to follow a particular career such as in the Armed Forces
• the child’s future clearly lies in the UK
• the person making the application has day-to-day responsibility for the child’s upbringing and is, or is about to become, a British citizen
It is worth remembering that both registration and naturalisation for your brother is at discretion and he could be refused.
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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