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Hi

I am on Tier 2 visa, soon to apply for ILR. I got 2 kids aged 7 and 9, born outside UK. both are on my dependent visa.

To apply for nationality, i wanted to confirm if they also need to apply for ILR first OR after my ILR (settlement), they will be eligible for Nationality.

Please confirm with ref link if possible.

To apply for nationality, i wanted to confirm if they also need to apply for ILR first

Yes.

OR after my ILR (settlement), they will be eligible for Nationality.

No. They are not UK born and therefore have no entitlement to register as British where ILR is not required.

Children born abroad are expected to hold ILR and can only apply for Citizenship once they have ILR and EITHER parent is also applying at the same time for citizenship and the other parent holds ILR or if one parent is already British and the other parent is applying or also holds ILR.

Correct me if i m wrong.

Child's immigration status

As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

. indefinite leave (IL)
' permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compassionate circumstances to do so. British citizenship does not give a minor any additional benefits hat cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:

. the child satisfies the other expectations for registration
. the parents meet the expectations with regard to their circumstances

If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether he circumstances outweigh the expectation that the child be free of restrictions.

You are correct.

arm007 wrote: ↑

Sun Apr 14, 2019 12:02 am

you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compassionate circumstances to do so. British citizenship does not give a minor any additional benefits hat cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.