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British Citizenship - Child under 18 with Indefinite Leave to Remain

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

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ILR-1982
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British Citizenship - Children with Indefinite Leave to Remain

Post by ILR-1982 » Sun Jun 18, 2023 8:59 am

I am writing to inquire about the eligibility of my two children to apply for British citizenship. They were born outside the UK and are currently 8 and 10 years old, respectively. Our family moved to the UK in August 2015, and all of us currently hold indefinite leave to remain status.

Upon reviewing the British Citizenship Application guidelines (pg 15) provided in the document [https://assets.publishing.service.gov.u ... _2023_.pdf], it appears that my two children meet the criteria for applying for British citizenship.

What has caught my attention is that, contrary to what I have previously been informed, it seems that it is not necessary for one of the parents to be a British citizen in order for our children to apply for British citizenship. This is favorable news for my wife and me, as our children can potentially apply for British citizenship without us needing to apply for British citizenship in advance.

I would greatly appreciate your advice and clarification on this matter.

Thank you for your attention to this inquiry

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alterhase58
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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by alterhase58 » Sun Jun 18, 2023 9:29 am

Based on the official guidance you are quoting your understanding is correct. Note that children are registered as British citizens.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

vinny
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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by vinny » Sun Jun 18, 2023 10:02 am

They have amended the Guidance to include: Children with settlement and residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ILR-1982
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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by ILR-1982 » Sun Jun 18, 2023 2:56 pm

Hi Vinny,

Thank you for providing the information.

In the passage, a statement mentions "if the child is an older minor and established in the UK...." I would like to seek clarification on the term "older minor." Could you kindly explain what is meant by this term?

Furthermore, I would like to provide some context regarding my own situation. My children are currently 8 and 10 years old. Considering their ages, would they be considered as "older minors" in this context?

Your advice is much appreciated. Thank you.

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by vinny » Sun Jun 18, 2023 3:11 pm

minor
means a person who has not attained the age of eighteen years
In the Guidance, it’s unclear to me what they mean by older minor, as they also have the term older teenager?

Applicants aged 10 or over are subject to the Good Character requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by secret.simon » Mon Jun 19, 2023 12:02 am

ILR-1982 wrote:
Sun Jun 18, 2023 2:56 pm
In the passage, a statement mentions "if the child is an older minor and established in the UK...." I would like to seek clarification on the term "older minor." Could you kindly explain what is meant by this term?
Probably over the age of 13?
Registration as a British citizen: children guidance wrote: (Page 32)
Children under 13

The length of residence in the UK is less important where the child is under the age of 13. If you are satisfied that their future lies in the UK and that registration is otherwise appropriate you do not need to take into account the length of residence.

Children aged 13 or over

A child aged 13 or over should normally have completed at least 2 years’ residence in the UK before being registered.

Where a child was aged 16 or over when they arrived in the UK, you should normally refuse an application to register them as they will have had too short a period to establish personal connections with this country at a time when their future plans are unclear. However, each case must be considered on its individual merits and a child in these circumstances may be registered if there are grounds for doing so.

Examples of when it might be appropriate to register a child with less than 2 years’ residence include:

where they have a firm offer of a job in the UK which depends on British citizenship, particularly with HM forces, the police or the Civil Service
if the child is no more than 2 months short of 2 years’ residence at the date of consideration and either:
they would still be a minor at the end of the 2 month period
they would reach the age of 18 before the end of the 2 month period but were prevented from coming to the UK earlier due to circumstances beyond the family’s control
there are compelling compassionate reasons for accepting a shorter period of residence or a refusal would cause the child considerable hardship
the child would be the only member of the family who would not become a citizen
applications have been made on behalf of more than one child and at least one is under 13 - there may be a case for registering the older ones despite less than 2 years’ residence in the UK
the child’s residence is broken but aggregated periods exceed the 2 years
It will not necessarily be appropriate to register everyone who falls into one of the above scenarios, even where they meet the other expectations.
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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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by vinny » Mon Jun 19, 2023 12:06 am

@secret.simon Would 8 and 10 years olds have problems?
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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by secret.simon » Mon Jun 19, 2023 12:10 am

vinny wrote:
Mon Jun 19, 2023 12:06 am
@secret.simon Would 8 and 10 years olds have problems?
This seems to be a new provision, so the OP will have to try it and see. I do not expect any issues, given that the caseworker guidance makes provision for this possibility.

It seems to be sensible, as it requires the child to meet all the usual requirements of an adult naturalisation, except for the English and LITUK tests. So the child need not wait for the age of majority to acquire British citizenship without either parent also being a British citizen.
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British Citizenship - Children (MN1)

Post by ILR-1982 » Tue Sep 19, 2023 6:20 pm

Dear Sir/Madam,

I am currently seeking information on how to register my children as British citizens using form MN1. I have located a link for the relevant forms here: https://www.gov.uk/government/collectio ... h-national

Ideally, I would like to access an online system that allows me to directly apply for my children's citizenship, rather than having to print out PDF forms and manually fill them out. Could you kindly provide me with a link to any available online application system, if one exists? Thank you in advance."

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by CR001 » Tue Sep 19, 2023 6:33 pm

If you search 'form MN1', it is the first option that comes up in Google. If you scroll down just a little bit, under 'Details', there is a link to the online form.

https://www.gov.uk/government/publicati ... n-form-mn1

The link you posted, under Register on MN1, takes you to exactly the same link I have posted above.
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ILR-1982
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British Citizenship - Children with Indefinite Leave to Remain

Post by ILR-1982 » Thu Sep 21, 2023 9:52 pm

Dear Sir/Madam

I am writing to inquire about the eligibility of my two children to apply for British citizenship. They were born outside the UK and are currently 8 and 10 years old, respectively. Our family moved to the UK in August 2015, and all of us currently hold indefinite leave to remain status. My children has been granted indefinite leave to remain since March 2021.

Based on the section of "Children with settlement and residence" at pg15 from the below document, https://assets.publishing.service.gov.u ... __003_.pdf

I believe that my children is eligible to apply even me and my husband hold indefinite leave to remain only?
Please correct me if I am wrong. Thank you.

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by alterhase58 » Thu Sep 21, 2023 10:05 pm

You are reading the government guidance on this so it must be correct:
"the child’s parents have completed a period of 5 years residence and are settled in
the UK (“settled” usually means that the parent has indefinite leave to remain in the
UK)"
Not sure why you keep asking about this - last post gave you the link to the online application MN1.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by ILR-1982 » Thu Sep 21, 2023 11:17 pm

Dear Sir/Madam,

Many thanks for your reply.
I am in the midst of preparing the supporting documents.
Please could you advise how to prepare letter of consent from parents?
Is there any form available to be downloaded in home office website?

In term of the following statement,
Providing your documents
You must provide your documents after you submit your application, these can be originals or copies. Any passports provided must be originals.

You will be able to upload copies of your documents on our commercial partner's website, or you can take your documents to your biometrics appointment to be scanned and uploaded by our commercial partner for a fee. You'll be told how to book an appointment and upload your documents after you submit your application.

You do not need to send any physical documents to the Home Office or UK Visas & Immigration unless you are advised to do so.


I am confused of how to provide the original passport? I suppose all the documents are to be scanned and uploaded online?

Your advice is much appreciated.

Thank you.

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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by alterhase58 » Fri Sep 22, 2023 7:57 am

The wording isn't quite correct ... no original documents are submitted for applications.
You scan all documents yourself and upload on the system after you have submitted the application.
You don't need to use the UVCAS scanning service - it is chargeable!
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

ILR-1982
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Re: British Citizenship - Children with Indefinite Leave to Remain

Post by ILR-1982 » Sun Oct 01, 2023 1:40 am

Thank you for your reply. I understand the requirement of providing evidence of consent from both parents for the British Citizenship application of my children. Could you kindly provide me the link where I can download the form required for this consent? Your assistance is greatly appreciated.

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British Citizenship - Child under 18 with Indefinite Leave to Remain

Post by ILR-1982 » Thu Oct 05, 2023 1:53 pm

Dear Sir/Madam

I am currently in the process of applying for British Citizenship on behalf of my two children, aged 8 and 10, respectively. My husband, my two children, and I have been lawfully residing in the UK since August 2015, and all of us were granted indefinite leave to remain in March 2021. I am fully aware that meeting the requirement of residing lawfully in the UK for more than five years is crucial for my children's eligibility for British Citizenship.

The application checklist includes a requirement to upload our passports along with our Biometric Residence Permits (BRP) indicating our Indefinite Leave to Remain status. However, the checklist does not explicitly request proof of our lawful stay in the UK for more than five years as of the time we applied for indefinite leave to remain.

In light of this, I would greatly appreciate your guidance on whether it would be advisable to provide evidence of our five years of lawful stay in the UK, even though it is not specifically requested in the checklist. I am concerned that providing extra information may potentially lead to complications. Your advice on this matter would be highly valued. Thank you.

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Re: British Citizenship - Child under 18 with Indefinite Leave to Remain

Post by AmazonianX » Fri Oct 06, 2023 4:01 pm

Providing your passports and BRP is alright. Your previously leave held and travel history will be in there.

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