Immigrationboards.com

Dear team,
(Sorry for long note, think a background will help putting queries in context - would be great for specialist in this area to look at below and respond please - sincerely appreciate your attention!)

Background -
I am due for my and family's Naturalisation application next month. However due to personal circumstances, we may have to move to India next year and hence my children continue schooling and University in India than UK.
To avoid being considered International student in India, I am planning 'not' to apply for my 2 children's Naturalisation and continue them on ILR status.

Queries -
1. Can both me and my wife apply for Naturalisation (and take UK citizenship) while keeping our children on ILR status?
2. If yes, can children's ILR be renewed in India which ic currently applicable till 2021?
3. Subsequently to apply for British UK Citizenship while in India, can it be done or has to be done from UK?
4. Children need to travel every 1 day in 2 years until 2021 to keep ILR status alive?

Many thanks for your time.
Sameer

1. Yes

2. No, the requirement to renew their cards is that they are resident and settled in the UK.

3. No, you cannot apply for citizenship from India. Where they born in India?

4. Short visits to the UK DOES NOT maintain ILR status.

Samsriv wrote:4. Children need to travel every 1 day in 2 years until 2021 to keep ILR status alive?

CR001 wrote:4. Short visits to the UK DOES NOT maintain ILR status.

Retaining ILR requires the holder (the children in this case) to be resident in the UK, not just a quick visit every two years. There is a more detailed discussion on the topic.

Also, after their 18th birthday, the children will lose their ability to be registered as British citizens and will have to meet all the naturalisation requirements, such as no absence exceeding 450 days in the past five years and 90 days in the past year, being physically present at the start of the five year period, etc. If they are significantly absent from the UK, they may not be able to apply for British citizenship till about 4 years after their eventual permanent return.

You may want to carefully consider your options if you intend your children to attend British citizenship eventually.

Were your children born in the UK after you acquired ILR? They can be dual British-Indian citizens til their 18th birthday, provided they do not get a British passport.

Also see the links in the Returning Resident thread, particularly the one in the last post.

secret.simon wrote:Also see the links in the Returning Resident thread, particularly the one in the last post.

Based on OPs previous posts, children born abroad.