Timing for Registration of Children as BC

[amoghdhamankar]

Hi All,

Thanks for this very informative forum. I wanted your views on following questions -

Background
1) Children (2 daughters) born outside UK both under 10 years. Both have ILR granted on their passport
2) Father - British National through Naturalisation granted in Jan 2013
3) Mother - ILR Granted in June 2011. However, she and my elder daughter were outside UK for 15 months (Dec 2011 to March 2013 for birth of 2nd daughter) after being granted ILR. All have returned now to UK in April 2013

Question
1) When will my wife be eligible for Naturalisation? Is it April 2014 (which satisfies further 12 months requirement after ILR)
2) I presume my daughters will apply for BC under section 3 (1)
3) Can I apply for Registration of children as BC now or should I wait for my wife's eligibility and put through for processing in one go?
4) Is there a Residence Requirement for my daughters?

Many thanks.

[Amber]

Your wife doesn't need to wait 12 months after ILR as you're British. However, she should meet the residential requirements which includes an absence limitation see http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/ and scroll down to absences. Yes the children are subject to discretion, 3(1), I would just wait until your wife is eligible and then they can all apply together.

[amoghdhamankar]

Thanks Guru for the reply.

However, what will be the qualifying period for my wife to consider? She had ILR (meets 5 years criteria) However, she does not meet criterial for last 12 months (90 days out of UK)

I am confused on the qualifying period. Also, what would be the advantage of applying for everyone together? I did not see family discount on fees on the website. I may be searching at wrong page then.

[Amber]

Thanks Guru for the reply.

However, what will be the qualifying period for my wife to consider? She had ILR (meets 5 years criteria) However, she does not meet criterial for last 12 months (90 days out of UK)

I am confused on the qualifying period. Also, what would be the advantage of applying for everyone together? I did not see family discount on fees on the website. I may be searching at wrong page then.

Basically your wife will be relying on discretion (more than normal) if she applied with more than 90 days absence in the last 12 months, if she can show:

you have met the residence requirements over the qualifying period; and

you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here; and

the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason.

Then she may be granted earlier. The qualifying period is 3 years in the UK for your spouse. The children will be relying on discretion thus is both parent are to be British they would stand a better chance, see http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/ for absence discretion.

[Jambo]

However, she and my elder daughter were outside UK for 15 months (Dec 2011 to March 2013 for birth of 2nd daughter) after being granted ILR. All have returned now to UK in April 2013

Question
1) When will my wife be eligible for Naturalisation? Is it April 2014 (which satisfies further 12 months requirement after ILR)

Depending on her exact dates of travel, I would think that some time in December 2013, she will have less than 90 days of absence in Dec 2012-Dec 2013.

2) I presume my daughters will apply for BC under section 3 (1)
3) Can I apply for Registration of children as BC now or should I wait for my wife's eligibility and put through for processing in one go?
4) Is there a Residence Requirement for my daughters?

How old are your daughters? There are no residential requirements if under 13 years old although I would wait a few months if the eldest didn't have any significant residence time in the UK. They can apply if one parent has ILR and the other is BC. Might just apply together in 5 months (there is no further discount if applied together with your wife).