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Naturalisation for children while parents in ILR

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

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user25
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Naturalisation for children while parents in ILR

Post by user25 » Mon Jan 20, 2025 9:06 pm

Hi Team,

My wife, the main applicant, recently obtained her ILR status. As her dependents (our two children and I), we will be applying for ILR next month when we become eligible. I have a few questions regarding applying for naturalisation for our children and would appreciate some advice:

1. For our children to apply for naturalisation, is it sufficient for just one parent to hold ILR? (Unfortunately, I received 6 points (IN10) on my license a year ago, and I’m concerned this might affect my ILR decision.)

2. If both parents need ILR, is it possible to apply for our children's naturalisation directly without applying for their ILR first?

More details:
- Both children (6 year old and 2 year old) are born in UK.
- Their current residency status (as Tier 2 General dependant) expires on November 2025

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contorted_svy
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Joined: Fri Aug 05, 2022 6:10 pm
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Re: Naturalisation for children while parents in ILR

Post by contorted_svy » Mon Jan 20, 2025 9:53 pm

Your children need to apply for registration, not naturalisation. Minor difference in language, same outcome, but different process. As I understand it, your children are UK born, correct?

Review the guidance here https://www.gov.uk/government/publicati ... gistration

Especially
Entitlement to registration as a British citizen
Children born in the UK – Section 1(3) and 1(3A) application
Section 1(3) - A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens.

Section 1(3A) - A child born in the UK on or after 13 January 2010 whose parents are not born British citizens and were not settled in the UK will have an entitlement to register if either parent becomes a member of the UK armed forces.

If a child lives in the United Kingdom for the first 10 years of their life, an application can be made under section 1(4). Form T should be used for this purpose.

A child born in the United Kingdom who is and has always been stateless may also qualify on the basis of a period of 5 years residence. Form S3 should be used for this purpose.

Alternatively, a child born in the UK whose parents are not settled in the UK and are not applying for settlement of British citizenship may be registered at the discretion of the Home Secretary.


Here https://www.gov.uk/government/publicati ... plications you find details about discretionary applications, depending on your circumstances.

If I understand the guidance correctly, your children will be eligible to apply when you get ILR.
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: Naturalisation for children while parents in ILR

Post by secret.simon » Tue Jan 21, 2025 1:42 am

Since the children are born in the UK, they are entitled to register as British citizens when either parent is granted ILR.

The children themselves do not need to have ILR themselves.

If their mother has been granted ILR, they are eligible to register as British citizens on Form MN1 now, without 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.

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