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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
If born inside UK then he is automatically British now.Worried_dad wrote:Hi,
I come across a very differnt issue which I am unsure how to handle.
Please anyone suggest me on this issue? I am planning to apply for Naturalisation along with my family but one of my children (11 years old) recently received police caution. Please can you suggest me impact of this caution on his registration as British Citizen. Do I have to wait for another 3 years to register him?
Only if OP (or partner) had ILR when the child was born.fwd079 wrote:
If born inside UK then he is automatically British now.
If born outside UK then please see Page 21 in MN1 guide which tells to wait for three years.
CR001 wrote:What was the caution for?
The form asks about cautions and whether simple or conditional or whether a warning or a reprimand.
I understand this is discretion, how about if I apply for rest of family and once we (the parents) get our naturalisation, then we apply for him in that case at least this won't be discretion, do you think it will make any differce?CR001 wrote:Oh Dear! I feel your frustration.
It would need to declared on the form and as his application is one based on discretion, it is hard to say which way the caseworker will decide. Unfortunately, children over 10 years of age should meet the good character requirements.
Perhaps one of the other mods (Amber, Vinny, Obie or Casa) can shed a bit more light on this for you.
He is planning for his Naturalisation.t123456789 wrote: Only if OP (or partner) had ILR when the child was born.
And your point? Unless one of the parents had ILR at the time of birth and the child was born in the UK then the child is not "automatically British now" as you stated. Planning to apply for naturalisation is irrelevant, one of the parents could have had ILR for 20 years or something.fwd079 wrote:He is planning for his Naturalisation.t123456789 wrote: Only if OP (or partner) had ILR when the child was born.
Yes, apologies for miswording, its entitlement to registration if born in UK before parents had ILR. And automatic citizenship if born in UK after parents had ILR.t123456789 wrote: And your point? Unless one of the parents had ILR at the time of birth and the child was born in the UK then the child is not "automatically British now" as you stated. Planning to apply for naturalisation is irrelevant, one of the parents could have had ILR for 20 years or something.
Over the age of 10 you're considered old enough to be criminally responsible and the usual rules would apply.