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Hi
I wanted an advice for applying an ILR or Citizenship for my Son. Below is the scenario

My son was born in UK in March 2012. He Travelled to India in 9th June 2012 and returned back in 10th December 2012. So He had an Entry clearance applied in India after 9th July 2012.
So my query is whether I can apply for his citizenship after I receive an ILR for me and my partner or Do I need to include him in the same Application form and apply for ILR or Do I need to wait 5 years for applying settlment for him.

regards
Naveen

tvnaveen78 wrote:Hi
I wanted an advice for applying an ILR or Citizenship for my Son. Below is the scenario

My son was born in UK in March 2012. He Travelled to India in 9th June 2012 and returned back in 10th December 2012. So He had an Entry clearance applied in India after 9th July 2012.
So my query is whether I can apply for his citizenship after I receive an ILR for me and my partner or Do I need to include him in the same Application form and apply for ILR or Do I need to wait 5 years for applying settlment for him.

regards
Naveen

I believe you can register child born in UK as soon you get ILR using form MN under section 1(3) regardless of child's status

sushdmehta wrote:Q29-Q32

Hi Sushdmehta,

I am trying to understand the circumstances where I should include my UK born child in ILR application. My son has been granted a leave. As the answer to Q32 tells that including my son will give him the same appeal rights. But why is it required to include my son in the appeal if my ILR is refused. How can it affect my son't right to stay. I can only think of scenario where his leave gets expired while a decision is being made and he needs to travel. But I guess I can apply for a fresh leave for my son even after the expiry of his current leave.

Could you please give your opinion on this matter?

Thanks

rahuls wrote:As the answer to Q32 tells that including my son will give him the same appeal rights. But why is it required to include my son in the appeal if my ILR is refused.

Read the answers to Q32 again - carefully.

sushdmehta wrote:Read the answers to Q32 again - carefully.

I tried but could not think of a scenario, if you could explain it would be really helpful.

I can understand the second point of the answer but that is not applicable in my case. Apart from that I am not able to think of a scenario where my son's stay would be impacted in case my ILR gets refused and my son is not included in the application.

Thanks

rahuls wrote:

sushdmehta wrote:Read the answers to Q32 again - carefully.

I tried but could not think of a scenario, if you could explain it would be really helpful.

I can understand the second point of the answer but that is not applicable in my case. Apart from that I am not able to think of a scenario where my son's stay would be impacted in case my ILR gets refused and my son is not included in the application.

Thanks

Hope this explaination might help. Your son was born in UK so originally he was not subject to immigration control BUT when you applied a dependent visa for him he (technically) came under immigration control. At the end of your son's current leave he must (technically) apply for another leave otherwise he becomes an overstayer. This is just a technical glitch in the process.
Now if you get ILR then its all ok becaue in this case your son will be "entitled" to citizenship meaning it will not be at the discretion of UKBA so it wont matter even if he becomes an overstayer. But in case your ILR is refused and you make an appeal you will not be able to include your son in that appeal making him an overstayer.
I hope this is clear enough for you.

shahid2000 wrote:Hope this explaination might help. Your son was born in UK so originally he was not subject to immigration control BUT when you applied a dependent visa for him he (technically) came under immigration control. At the end of your son's current leave he must (technically) apply for another leave otherwise he becomes an overstayer. This is just a technical glitch in the process.
Now if you get ILR then its all ok becaue in this case your son will be "entitled" to citizenship meaning it will not be at the discretion of UKBA so it wont matter even if he becomes an overstayer. But in case your ILR is refused and you make an appeal you will not be able to include your son in that appeal making him an overstayer.
I hope this is clear enough for you.

Thanks alot Shahid for the detailed explanation. I could have never make this out from the answer to Q32. I was under the impression that since UKBA allows citizenship to UK born child just on the basis of parents settlement status without mentioning any condition on child's immigration status there is no need for the child to have a valid visa unless out of country travel is required.

Here is excerpt from UKBA website :
Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981.

By the way is there a reference for this kind of situation on Immigration Rules.

Anyway luckily I would have more than one year of visa validity left when I am going to apply for ILR. So I guess I can safely skip my son from the settlement application, isn't it?

Thanks

Yes.

Thanks for the information

Hi Naveen, Were you able to successfully apply for ILR and later register your child for british registration? Any suggestions.