Child Naturalisation

[TheSun]

Dear members of this forum,

My mother recently got her ILR - prior to making this application we were told by our solicitor that once she got this she could apply to have her kids naturalised as both are under 18 and still her dependents.

Is this information correct - can they go straight towards naturalisation without having had ILR? At the time of posting they've both lived here for over 10 years.

If it is indeed possible to do this - is it okay to apply for both of them at separate times? The eldest is 18 in May and from what we were told by the solicitor it is cheaper than applying for ILR. The youngest is 12 so there is no immediate need for it.

I look forward to hearing from you.

[Obie]

Children under 18 cannot be naturalised.

They will have to be registered.

Such registration, may be possible under section 3(1) of the British Nationality act 1981.

[TheSun]

Children under 18 cannot be naturalised.

They will have to be registered.

Such registration, may be possible under section 3(1) of the British Nationality act 1981.

Dear Obie,

May I ask what this means? My solicitor told us that once my mother gets her ILR her two children (both under 18) can apply for their British Passport - bypassing the need for Indefinite Leave to Remain. Is this information correct?

They both have been in the UK for over 10 years.

[vinny]

Where were they born?

[TheSun]

Where were they born?

They were born in my mother's home country, not the UK.

[vinny]

If all the other conditions are met, then it may be possible.

However, it's risky. The applications do not extend leave. The children may have big problems, if their current leave expires before the decision and their applications are subsequently refused. Then, they may be unable to apply for ILR as well.

[Obie]

I fully agree with Vinny's view, although the court has ruled that the Best interest of the minor will need to be considered in those cases, a child who has lived here for 10 years and whose parents is at the same time applying for Naturalisation, would by that fact alone, have demonstrated that their future lies in the UK.

The question will then be, in those circumstances, whether it is in their best interest to refuse to register.

If they fail to take those fact, then a decision to refuse may be vulnerable to legal challenge.

I think it is a bit risky.

I am not able to say the lawyer is totally wrong in his advise, or that he was wrong at all.

9.17.27 seem to give a wide margin of discretion, which i believe may not be compatible with the UK's section 55 policy.

[TheSun]

If all the other conditions are met, then it may be possible.

However, it's risky. The applications do not extend leave. The children may have big problems, if their current leave expires before the decision and their applications are subsequently refused. Then, they may be unable to apply for ILR as well.

Their current visas runs until 2017 and both have stayed in the United Kingdom for 10 years.

I fully agree with Vinny's view, although the court has ruled that the Best interest of the minor will need to be considered in those cases, a child who has lived here for 10 years and whose parents is at the same time applying for Naturalisation, would by that fact alone, have demonstrated that their future lies in the UK.

The question will then be, in those circumstances, whether it is in their best interest to refuse to register.

If they fail to take those fact, then a decision to refuse may be vulnerable to legal challenge.

I think it is a bit risky.

I am not able to say the lawyer is totally wrong in his advise, or that he was wrong at all.

9.17.27 seem to give a wide margin of discretion, which i believe may not be compatible with the UK's section 55 policy.

My mother has only just got her ILR and has not yet applied for Naturalisation. The solicitor said that ILR is enough as once she gets this she can register them and they will get British Citizenship, not ILR, like herself. Is this correct?

What do you guys think, should we register them? Wait until she becomes a British Citizen or apply separately for each child. The eldest turns 18 in June.

EDIT

I was just reading this document* and saw that registering children as British tends to be successful only if one parent already holds British citizenship with the other holding ILR. At the time being only my mother has ILR but everybody at home have lived here for 10 years. My father will be sending his application off (for ILR) shortly.

The document is here: https://www.gov.uk/government/uploads/s ... e_2014.pdf


Thanks so much for your posts guys!

[Obie]

I am not in agreement with the solicitors view.

I don't think his level of confidence has any firm basis.

[vinny]

See also Discretionary registration of children as British.

27 The result of the failings identified is that the decision refusing the claimant's application for registration as a British citizen will be quashed and remitted for reconsideration.

It was a struggle, when neither parents were British, even though the child had ILR. I don't know what the decision was/will be after reconsideration.

[TheSun]

I am not in agreement with the solicitors view.

I don't think his level of confidence has any firm basis.

See also Discretionary registration of children as British.

27 The result of the failings identified is that the decision refusing the claimant's application for registration as a British citizen will be quashed and remitted for reconsideration.

It was a struggle, when neither parents were British, even though the child had ILR. I don't know what the decision was/will be after reconsideration.

Hmm, I shall call him on Monday and ask again. If it makes any difference, my mother is divorced. Does that change anything?

[vinny]

If it makes any difference, my mother is divorced. Does that change anything?

See also 9.18.3, etc.