Immigrationboards.com

My child was born outside the UK and came on a dependent visa with her mother in November 2019. She is now due for ILR in November 2024, after completing five years of residence.
I am now a British national by naturalisation; I was not a British citizen when she was born. She was born in 2012, and I obtained ILR in 2017. She came to the UK in 2019, and I acquired British nationality in 2022.
Can I skip her ILR and apply to register her as a British citizen directly? I would need precise information about the law that allows this and advice on whether it would be successful. Are there any success stories and case laws available? Which section suits her situation better, Section 3(2), 3(5) or Section 3(1)? Which form would I need?
Or should I apply for ILR for her first, which costs a lot of money?

It is a section 3(1) at discretion application on form MN1.

3(2) and 3(5) do NOT apply to your circumstances.

A child born abroad needs ilr, ie settlwd and free from immigration time restrictions, before they can apply for citizenship.

CR001 wrote: ↑

Sat Nov 16, 2024 6:24 pm

It is a section 3(1) at discretion application on form MN1.

3(2) and 3(5) do NOT apply to your circumstances.

A child born abroad needs ilr, ie settlwd and free from immigration time restrictions, before they can apply for citizenship.

Thank you. can I apply online or i have to fill MN1 form manually?.
any govt link available please?
my wife is also apply ilr this month. Should I first apply her ilr and then MN1 form or just go for MN1 form for the child if it get rejected then apply child's ilr and later register based on ilr.
their visa expires in feb 2025 ( but they qualify in now as they came 19th nov 2019).

The child needs ilr first.

The child has no entitlement to register for British citizenship.

miiiirza1 wrote: ↑

Sat Nov 16, 2024 7:38 pm

or just go for MN1 form for the child if it get rejected then apply child's ilr and later register based on ilr.

You are very unlikely to be successful with MN1 application without ILR.
Its your call, but MN1 before ILR will most likely turn to be money lost.

Children born outside the UK need to have ILR before applying for registration. If they don't, the application will certainly be rejected. Secure ILR first or the registration fee will be lost.

CR001 wrote: ↑

Sat Nov 16, 2024 8:34 pm

The child needs ilr first.

The child has no entitlement to register for British citizenship.

Thank you for your kind help. Is it possible for me to apply for my spouse's ILR this month? Let's assume she gets approved next week or so based on priority service. In December, can I then apply for her British citizenship and include my child on the MN1 form for the child? Can this way the ILR be skipped? As one parent would be British, and the other is applying for citizenship, then the child can be registered as a British citizen as well.

Your input on this would mean a lot to me.

meself2 wrote: ↑

Sun Nov 17, 2024 12:15 am

miiiirza1 wrote: ↑

Sat Nov 16, 2024 7:38 pm

or just go for MN1 form for the child if it get rejected then apply child's ilr and later register based on ilr.

You are very unlikely to be successful with MN1 application without ILR.
Its your call, but MN1 before ILR will most likely turn to be money lost.

Is it possible for me to apply for my spouse's ILR this month? Let's assume she gets approved next week or so based on priority service. In December, can I then apply for her British citizenship and include my child on the MN1 form for the child? Can this way the ILR be skipped? As one parent would be British, and the other is applying for citizenship, then the child can be registered as a British citizen as well

miiiirza1 wrote: ↑

Wed Nov 20, 2024 11:08 pm

Can this way the ILR be skipped? As one parent would be British, and the other is applying for citizenship, then the child can be registered as a British citizen as well

No. It's still a requirement for child to have ILR in this case - see emphasis.

Children applying in line with parents
Children will come within this category if:

one parent is a British citizen or about to become one through registration or naturalisation

the other parent (if involved in the child’s life) is a British citizen or settled in the UK (“settled” usually means that the parent has indefinite leave to remain in the UK)

the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 we can accept a shorter residence period, taking into account the age of the child)

the child is settled in the UK

both parents give their consent to registration (unless good reasons are provided)

there is no reason to refuse on character grounds.

meself2 wrote: ↑

Thu Nov 21, 2024 5:10 am

miiiirza1 wrote: ↑

Wed Nov 20, 2024 11:08 pm

Can this way the ILR be skipped? As one parent would be British, and the other is applying for citizenship, then the child can be registered as a British citizen as well

No. It's still a requirement for child to have ILR in this case - see emphasis.

Children applying in line with parents
Children will come within this category if:

one parent is a British citizen or about to become one through registration or naturalisation

the other parent (if involved in the child’s life) is a British citizen or settled in the UK (“settled” usually means that the parent has indefinite leave to remain in the UK)

the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 we can accept a shorter residence period, taking into account the age of the child)

the child is settled in the UK

both parents give their consent to registration (unless good reasons are provided)

there is no reason to refuse on character grounds.

Thank you, now it is crystal clear that I must apply ILR for the child first.

Can I know until when I can upload documents on TLScontact for biometrics appointment I heard it disables 48 hours before he appointment?