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Hi,

My brother got his ILR back in 2009. His rest of family wife n two kids are in Pakistan. He applied visa for them but for refused. My question is that can he apply registration for his 16 year old son? If yes then what's the process?


Please please help as it's really urgent.

Regards

No he can't if the child was born in Pakistan. The child has no claim to citizenship if he was not born in the UK.

Registration for children born outside the UK is at the discretion of the Home Office. The factors that it looks at are listed on Pages 12-14 of the Guide MN1. Broadly, it requires both parents to have ILR and one of them to be applying for British citizenship. Children above 13 are expected to have spent atleast two years in the UK and demonstrate that their future is in the UK.

If the child does not live in the UK and the mother does not have ILR, there is next to no chance of the child being registered as a British citizen.

Thanks a lot for your quick response. One more question comes in the mind is my brother is applying for nationality soon so after getting his british passport still the answer remains NO? Or then he can apply for registration for his son as british national?

Looking forward for your reply

Regards

Naheedsammar wrote:Thanks a lot for your quick response. One more question comes in the mind is my brother is applying for nationality soon so after getting his british passport still the answer remains NO? Or then he can apply for registration for his son as british national?

Looking forward for your reply

Regards

Your brother getting citizenship makes no difference, the answer is still no. His best option is to apply for the settlement visas to come to the UK before the 16 year old turns 18. The dependents will require years residence before they qualify for ILR.