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Naturalization for a child born outside UK, both parents wit

Posted: Sun Apr 22, 2012 8:53 am
by mtv_80
Hi there

I am going to explain the case as detailed as possible, because it seem it’s a strange case as a lot of professionals had not have before.
I’m Bulgarian, both me and my husband got ILR October 2007, and then I went back to Bulgaria to give birth to our first child- born on 03.03.2008. My husband has got his BC April 2009 I didn’t apply with him as I was away (because of the birth) for more then the qualifying period. My daughter holds a Bulgarian passport with no Visa or ILR, as Bulgaria got to EU 2007 there weren’t any restriction for traveling to UK. I am in process of applying for naturalization as married to BC for more then 3 years. I wanted to do my daughter application with mine but the gentlemen at Nationality checking service wasn’t sure if my daughter should have ILR in her passport or can go without it.


Child - born outside of UK 2008, when both parents had ILR
father – BC with naturalization, from April 2009
mother – Bulgarian, with ILR -2007
Can we apply (with join application) for naturalization without my daughter having ILR in her passport?

Regards,
Maria

Posted: Sun Apr 22, 2012 9:23 am
by Jambo
Not such a strange case. A similar one (although with some differences) was asked two days ago. See PLEASE HELP MN1 or PARMANENT RESIDENCE CARD APPLICATION.

For children, there is no requirement to have ILR. However, as the child was born abroad, the application is at discretion. I believe in your case, discretion would be applied even with no ILR.

See Q1 in FAQ - most common questions - children.

Posted: Mon Apr 23, 2012 8:24 am
by mtv_80
Thanks Jambo