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Hi,
I come across a very differnt issue which I am unsure how to handle.
Please anyone suggest me on this issue? I am planning to apply for Naturalisation along with my family but one of my children (11 years old) recently received police caution. Please can you suggest me impact of this caution on his registration as British Citizen. Do I have to wait for another 3 years to register him?

Worried_dad wrote:Hi,
I come across a very differnt issue which I am unsure how to handle.
Please anyone suggest me on this issue? I am planning to apply for Naturalisation along with my family but one of my children (11 years old) recently received police caution. Please can you suggest me impact of this caution on his registration as British Citizen. Do I have to wait for another 3 years to register him?

If born inside UK then he is automatically British now.
If born outside UK then please see Page 21 in MN1 guide which tells to wait for three years.

fwd079 wrote:
If born inside UK then he is automatically British now.
If born outside UK then please see Page 21 in MN1 guide which tells to wait for three years.

Only if OP (or partner) had ILR when the child was born.

If born inside UK then he is automatically British now.
If born outside UK then please see Page 21 in MN1 guide which tells to wait for three years.[/quote]


Thanks for yourresponse, my child was born outside UK and has ILR as he is in the UK for more than 6 years. Do you think this would definitely be refusal? as the child age is only 11 ?

What was the caution for?

The form asks about cautions and whether simple or conditional or whether a warning or a reprimand.

CR001 wrote:What was the caution for?

The form asks about cautions and whether simple or conditional or whether a warning or a reprimand.

it is simple caution for shoplifting.

Oh Dear! I feel your frustration.

It would need to declared on the form and as his application is one based on discretion, it is hard to say which way the caseworker will decide. Unfortunately, children over 10 years of age should meet the good character requirements.

Perhaps one of the other mods (Amber, Vinny, Obie or Casa) can shed a bit more light on this for you.

CR001 wrote:Oh Dear! I feel your frustration.

It would need to declared on the form and as his application is one based on discretion, it is hard to say which way the caseworker will decide. Unfortunately, children over 10 years of age should meet the good character requirements.

Perhaps one of the other mods (Amber, Vinny, Obie or Casa) can shed a bit more light on this for you.

I understand this is discretion, how about if I apply for rest of family and once we (the parents) get our naturalisation, then we apply for him in that case at least this won't be discretion, do you think it will make any differce?

You could do that as then the rest of the family are British but his application will always be one of discretion as it is an application under section 3(1) of the nationality act.

Probably safest for child to wait.

t123456789 wrote: Only if OP (or partner) had ILR when the child was born.

He is planning for his Naturalisation.

fwd079 wrote:

t123456789 wrote: Only if OP (or partner) had ILR when the child was born.

He is planning for his Naturalisation.

And your point? Unless one of the parents had ILR at the time of birth and the child was born in the UK then the child is not "automatically British now" as you stated. Planning to apply for naturalisation is irrelevant, one of the parents could have had ILR for 20 years or something.

Over the age of 10 you're considered old enough to be criminally responsible and the usual rules would apply.

t123456789 wrote: And your point? Unless one of the parents had ILR at the time of birth and the child was born in the UK then the child is not "automatically British now" as you stated. Planning to apply for naturalisation is irrelevant, one of the parents could have had ILR for 20 years or something.

Over the age of 10 you're considered old enough to be criminally responsible and the usual rules would apply.

Yes, apologies for miswording, its entitlement to registration if born in UK before parents had ILR. And automatic citizenship if born in UK after parents had ILR.
The child in question is born outside UK so vinny's post is the answer in my view.