Immigrationboards.com

Hi,

My husband is eligible for Citizenship this month. I am hoping to get my ILR under the 10 year rule in Sept 2012. Our 5 year old child was born out of UK ,but has lived for 4.5 years in the UK. Both she and I have limited leave to remain as my husband’s dependents since July 2011. Prior to that I was on my independent HSMP with our child as my dependent.

My query is: When I get ILR, given that my husband would be a citizen by then (i.e both parents having ILR/citizenship) can our 5-year old child directly apply for citizenship? Or, has she got to get ILR first, stay for one year, and then apply for citizenship similar to me?

Many thanks in advance for your valuable advise.

Tulips

I beleive the child can already apply (for registration) togather with her father next month when he applies for citizenship.
No need to wait for for her and your ILR
http://www.ukba.homeoffice.gov.uk/briti ... thercases/

As your child is not UK born, the application for registration is under section 3(1) which is application at discretion. The HO would expect one parent to be British while the other parent to be at least settled (or close to be settled).

For children there is no requirement to hold ILR when applying. I assume that as your husband dependant, her visa is valid until 2013. In that case, as her leave would be still valid when you will obtain your ILR, then best would be to apply for registration once your ILR is granted.