APPLYING FOR NATURALIZATION OF CHILDREN ... HELP

[jilanivin]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

[sm12]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

I think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?

https://assets.publishing.service.gov.u ... .pdf#page8

[CR001]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

In your case it is counted from the date she entered the UK as she entered almost a year after her visa was first issued. You will need to apply for an extension.

[jilanivin]

Dear Zimba,

Thanks for your kind reply.

But I have recently got information from reliable sources that my wife can apply for settlement in October 2018 also as the 5 years can be counted backwards, i.e

10/10/2018 - 10/10/2017 - year 5 - Absences from UK is less than 180 days.
10/10/2017 - 10/10/2016 - year 4 - Absences from UK is less than 180 days.
10/10/2016 - 10/10/2015 - year 3 - Absences from UK is less than 180 days.
10/10/2015 - 10/10/2014 - year 2 Absences from UK is less than 180 days.
10/10/2014 - 10/10/2013 - year 1 - Absences from UK is less than 180 days.

https://assets.publishing.service.gov.u ... inuous.pdf

No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

Page 19 of 31 of above guidance

is the above correct or not , please advise.

Thank you

[CR001]

There is NO absence limit for PBS dependents prior to 11 January 2018. The calculation you have stated is for the MAIN PBS visa holder and not dependents.

[jilanivin]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

I think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?

https://assets.publishing.service.gov.u ... .pdf#page8

Thanks for your prompt response sir,

Your statement may be correct and is also supported by the page 19 of 31 of following guidance.

https://assets.publishing.service.gov.u ... inuous.pdf

No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

Please advise if I am wrong.

Many Thanks

[CR001]

There is NO absence limit for PBS dependents prior to 11 January 2018. The calculation you have stated is for the MAIN PBS visa holder and not dependents.

[jilanivin]

There is NO absence limit for PBS dependents prior to 11 January 2018. The calculation you have stated is for the MAIN PBS visa holder and not dependents.

Many thanks for your reply.
Kind regards

[sm12]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

I think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?

https://assets.publishing.service.gov.u ... .pdf#page8

Thanks for your prompt response sir,

Your statement may be correct and is also supported by the page 19 of 31 of following guidance.

https://assets.publishing.service.gov.u ... inuous.pdf

No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

Please advise if I am wrong.

Many Thanks

Hi

The 180 days absence is applicable for dependants from 11/01/2018.
Before that, the absences of the dependants were immaterial I think.

By the way, on what date was your settlement approved? Did you receive any requests for further documents, etc during processing?

[jilanivin]

Dear Sirs,

My approval on August 2018 , home office ask no document.

[jilanivin]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

I think it's 5 years from the date of issue, but when you applied on 23 May, I think the HO was applying the new rule retrospectively. They've announced changes since, so I think they could apply now?

https://assets.publishing.service.gov.u ... .pdf#page8

Thanks for your prompt response sir,

Your statement may be correct and is also supported by the page 19 of 31 of following guidance.

https://assets.publishing.service.gov.u ... inuous.pdf

No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

Please advise if I am wrong.

Many Thanks

Hi

The 180 days absence is applicable for dependants from 11/01/2018.
Before that, the absences of the dependants were immaterial I think.

By the way, on what date was your settlement approved? Did you receive any requests for further documents, etc during processing?

Sirs,

I am still confused as the Guidance says " Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

it looks like there is ambiguity in Guidance as the same guidance says again that " PBS dependants
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences

Anyway I guess I have to try my luck.

Thank you all sir

[sm12]

Dear Sirs,

My approval on August 2018 , home office ask no document.

Hi

You were approved in August and received the approval letter it in September?
Earlier, before 11/01/2018 the number of absences did not matter for dependants.
You only need to count your wife's absences from 11/01/2018.

[jilanivin]

Dear Sirs,

My approval on August 2018 , home office ask no document.

Hi

You were approved in August and received the approval letter it in September?
Earlier, before 11/01/2018 the number of absences did not matter for dependants.
You only need to count your wife's absences from 11/01/2018.

Thank you for your reply.

Approval got in August and brp received on 03/09/2018.

There are no absences for my dependant since 01/01/2018, so you mean that the total 5 years counts from 25/03/2013 though they entered the UK after 11 months ( March 2014 ) and 5 years has already finished.
Now I will apply using SET(O) and will update soon.

Kind regards

[jafersadeq]

Approval got in August and brp received on 03/09/2018.

There are no absences for my dependant since 01/01/2018, so you mean that the total 5 years counts from 25/03/2013 though they entered the UK after 11 months ( March 2014 ) and 5 years has already finished.
Now I will apply using SET(O) and will update soon.
Kind regards

It is not clear in the guidance the absence limit between visa issue date and uk entry date, and if you read:

In your case it is counted from the date she entered the UK as she entered almost a year after her visa was first issued. You will need to apply for an extension.

There is no rule we can find in the immigration rules states the absence limit.

But if you read:

The 180 days absence is applicable for dependants from 11/01/2018.
Before that, the absences of the dependants were immaterial I think.

It is clear that there is no absence limit before 11 Jan 2018,
So, you can apply for ILR depending on the date 25/03/2013 to 25/03/2018 (5 years), there are no immigration rules stop you, just "The PBS dependant has to live in the UK 5 years" and they did not state the start of residence calculations.


Good luck

[jilanivin]

Many thanks for detailed review sir

[jilanivin]

Dear Sirs,

Thanks to all senior members for your advises and support.

Today I got approval for my PBS Dependents visa as Tier 1 Dependents, I have not dared to apply for their settlement as the fees is very high, rather I took an advice from a solicitor that I can initially extend my dependents visa and as I am settled, my spouse will be eligible for settlement in March 2018, later my children ( 2 dependents ) can be eligible for direct naturalization along with my wife in March 2020 , this will save 2999X2 ( fees for settlement of my children ).

Can anyone again advice me, whether this is practically possible

Many thanks in advance

[jilanivin]

Dear Zimba,

My PBS Dependent got Entry Clearance on 23/05/2013 but entered UK on 30/03/2014 and continued staying in UK till date without any absences, their visa is valid until 12/11/2018, when can they eligible for settlement ( i got my settlement ), I approached a Solicitor who advised me that they can apply 28 days prior to 30/03/2019.

Please advice.
Many Thanks in advance

In your case it is counted from the date she entered the UK as she entered almost a year after her visa was first issued. You will need to apply for an extension.

Dear Sir,
As per this advice, on safe way, I applied for extension and now got them granted until october 2020
Now my question is my wife will be eligible for settlement in March 2019 , she will be eligible for naturalization in March 2020.
As you are aware I am settled already, if my wife settles and later applies for naturalisation, can my children eligible for naturalisation directly in March 2020 along with my wife( I am skipping settlement fees of my children 2999X2 ).

Thank you sir

[jilanivin]

Dear Sirs,

Please advice on the following issue.

I have settled in the UK as a Tier 1 Migrant in Aug 2018
My Dependaents arrived as my dependnats in March 2013

They now got visa until october 2020 as my dependants ( wife, 2 childs born overeseas )
my wife and children are eligible for settlement in March 2019 but I am planning to apply for only my wife to settle ( to save settlement fees of my children ) , CAN MY CHILDREN DIRECTLY ELIGIBLE FOR NATURALIZATION WITH MY WIFE WITHOUT ILR IN MARCH 2020 as I am already settled status.

Many thanks

[marcnath]

Dear Sirs,

Please advice on the following issue.

I have settled in the UK as a Tier 1 Migrant in Aug 2018
My Dependaents arrived as my dependnats in March 2013

They now got visa until october 2020 as my dependants ( wife, 2 childs born overeseas )
my wife and children are eligible for settlement in March 2019 but I am planning to apply for only my wife to settle ( to save settlement fees of my children ) , CAN MY CHILDREN DIRECTLY ELIGIBLE FOR NATURALIZATION WITH MY WIFE WITHOUT ILR IN MARCH 2020 as I am already settled status.

Many thanks

If your dependants arrived in March 2013, why did they not apply for settlement with you ? They seem to have been here for more than 5 years.
No, your kids are not eligible to apply directly for naturalisation as they are not UK born

[CR001]

If the children were born abroad, then they will need ILR before they can apply for citizenship.

[CR001]

Topics Merged (click to read)

[jilanivin]

If the children were born abroad, then they will need ILR before they can apply for citizenship.

Thanks for your prompt reply sir,

As mentioned I have a settled status and if my wife gets ILR in say April 2019.

I guess as Per MN1 Guidance if I obtain British Citizenship, my wife gets ILR by April 2019 , thought my children are born outside the UK, since they hace valid visa until 2020 , then my children may be eligible directly for NATURALISATION without paying ILR Fee of 2439 each.

Please advice .... Many thanks in advance

https://assets.publishing.service.gov.u ... y_2017.pdf

Page 14

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.

[vinny]

Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:

• the child satisfies the other expectations for registration • the parents meet the expectations with regard to their circumstances

If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.

It's risky without child's ILR.

[jilanivin]

Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:

• the child satisfies the other expectations for registration • the parents meet the expectations with regard to their circumstances

If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.

It's risky without child's ILR.

Dear Vinny,

Seriously I thank alot on this.
I was not getting reply for my post from many seniors on this topic as this looks very sensitive.

I accept your advice but I want to raise a point that children born in the UK ( even when the parents / at least one parent ) is not settled are also eligible for direct Naturalisation after one of their parents gets ILR, In that case there is no stage of ILR nor Permanent residency.

If I show the Home Office that if both parents are settled in the UK, and if don't have any ties to home land, what else strong ties home office need to grant naturalisation for children under section 3(1)?

Anyway I will defenitely try to apply for naturalisation for one of my child and take risk of 1000 after I obtain my citizenship, my wife obtain her ILR , using 3(1) , if something goes wrong , I will take to court too because I have already paid IHS for my children until 2020.
I will also surely update you my position on this.

Thank you

[CR001]

I accept your advice but I want to raise a point that children born in the UK ( even when the parents / at least one parent ) is not settled are also eligible for direct Naturalisation after one of their parents gets ILR, In that case there is no stage of ILR nor Permanent residency.

UK born children have an entitlement to register as British (cannot be refused) once EITHER parent is granted ILR and a UK born child does not require ILR because they are entitled to register as British. The same does NOT apply to children born abroad.