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ILR or citizenship

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Ama2020
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Posts: 22
Joined: Thu Jun 10, 2021 11:02 pm
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Libya

ILR or citizenship

Post by Ama2020 » Sun Oct 27, 2024 12:54 am

Dear All,

I would like to seek your assistance in this situation. I came to the Uk in 2016 as a Tier 2 immigrant with my family.

I got my ILR after 5 years and year later got my citizenship. Now I have my three children who were born in the UK before I got my citizenship naturalised .

My question is that, my wife couldn’t pass her B1 and Life in the UK test so far and her current visa with other 2 children who were born outside the UK will expire at the end of December this year.

Can I apply for IPR for my children and extend my wife tier 2 dependent visa status or I have to extend their Tier 2 dependent visas for all of them till my wife got her test sorted.

Note: my children who were born outside the UK, they have been living in this country lawfully for 8 years.

Please advise

Regards.

A

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zimba
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Posts: 21720
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: ILR or citizenship

Post by zimba » Sun Oct 27, 2024 1:28 am

This is how things work:

• Children born in the UK AFTER one parent gets ILR, will be British at birth.
• Children born in the UK BEFORE one parent gets ILR will have an entitlement to register as British, after one parent gets ILR.
• Children born OUTSIDE the UK have no entitlement to Biritsh citizenship and will follow the immigration path of the less privileged parent. They will settle with that parent.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
Moderator
Posts: 11246
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR or citizenship

Post by secret.simon » Sun Oct 27, 2024 4:06 pm

Your children born in the UK can register as British citizens now that you have ILR.

Your children born abroad can register as British citizens either after they get ILR with your wife OR after completing 10 years of legal residence in the UK, provided that they are still less than 18 years old when they complete their 10 years.

So, what is the current age of the two children born abroad?
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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