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Naturalisation - which section to use for my kids

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

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davekinjal
Newly Registered
Posts: 2
Joined: Mon Sep 24, 2018 11:22 am
United Kingdom

Naturalisation - which section to use for my kids

Post by davekinjal » Mon Sep 24, 2018 11:38 am

Hi All,

My family and I received ILR in Sept-2017. Wondering what would be the right "section" to use for naturalizing my kids with the following situation:

1. Daughter - born in India in 2004, holds ILR since Sept-2017, UK residency total 6 years
2. Son - born in UK, holds ILR since Sept 2017, UK residency since birth in 2013 (We choose not to register him as a British Citizen last year when applying for ILR)

For my daughter, which section would be most appropriate - section 3(5) or section 3(1)? For my son, I think section 1(3) seems to match the situation for kids born in the UK and parents settled in UK after they were born.
Any comments and inputs will be highly appreciated.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Naturalisation - which section to use for my kids

Post by secret.simon » Mon Sep 24, 2018 12:10 pm

davekinjal wrote:
Mon Sep 24, 2018 11:38 am
1. Daughter - born in India in 2004, holds ILR since Sept-2017, UK residency total 6 years
Daughter can be registered (not naturalised; naturalisation is for adults only) as a British citizen under Section 3(1) when at least one parent applies for British citizenship. Section 3(5) is not applicable in this case as neither parent was a British citizen by descent at the time of the birth of the daughter.
davekinjal wrote:
Mon Sep 24, 2018 11:38 am
2. Son - born in UK, holds ILR since Sept 2017, UK residency since birth in 2013 (We choose not to register him as a British Citizen last year when applying for ILR)
Son can be registered under Section 1(3) now, as at least one parent has 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.

davekinjal
Newly Registered
Posts: 2
Joined: Mon Sep 24, 2018 11:22 am
United Kingdom

Re: Naturalisation - which section to use for my kids

Post by davekinjal » Mon Sep 24, 2018 12:57 pm

Hi Simon,
Thanks very much for your response - I was tending towards the options you mentioned :) Definitely good to have another independent view.
Cheers,
K

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