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Timing for parents & child with ILR applying for Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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easy
Newbie
Posts: 47
Joined: Fri Mar 07, 2014 4:51 pm

Timing for parents & child with ILR applying for Citizenship

Post by easy » Sun Jan 31, 2016 2:45 pm

ohara wrote:
The fee for registration is £749 but one parent must be naturalised before you apply for the registration.
I am confused here. Myself, wife and daughter are on ILRs. I am planning to apply for BC all together. My daughter registration will be rejected as we / parents are not naturalised. Is it necessary to apply for naturisation first and then go for daughter's registration?

Thanks

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying Alone for British Citizenship

Post by secret.simon » Sun Jan 31, 2016 4:15 pm

If your daughter was born outside the UK, then

either
  • atleast one parent must be a British citizen (i.e. have completed the citizenship ceremony and received the certificate) and the other one must be applying for British citizenship
or
  • both parents must have completed the citizenship ceremony (i.e. have received both naturalisation certificates)
before the daughter's registration application.

Remember that citizenship applications are not like immigration applications. They are completely separate, under separate laws and do not work in the same way.

Citizenship is not a part of the immigration pathway, which terminates at ILR/PR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

easy
Newbie
Posts: 47
Joined: Fri Mar 07, 2014 4:51 pm

Re: Applying Alone for British Citizenship

Post by easy » Sun Jan 31, 2016 4:25 pm

Thanks for reply,

My daughter is born outside uk. Hence I will apply for bc naturisation for both myself and wife together. Can I also apply mn1 for my son at the same time, as he is born in UK? I look forward to save fees by applying before April.

Thanks

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying Alone for British Citizenship

Post by secret.simon » Sun Jan 31, 2016 5:34 pm

You can apply for your son (born in the UK) any day on or after you got ILR.

Yes, you can apply for your son along with your naturalisation application as his registration application is based on your ILR, not your citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

easy
Newbie
Posts: 47
Joined: Fri Mar 07, 2014 4:51 pm

Re: Applying Alone for British Citizenship

Post by easy » Sun Jan 31, 2016 6:07 pm

thanks for reply

easy
Newbie
Posts: 47
Joined: Fri Mar 07, 2014 4:51 pm

Re: Applying Alone for British Citizenship

Post by easy » Mon Feb 01, 2016 9:15 am

Sorry to come back again,

My daughter has got ILR which is more than a year old. She is living in UK for more than 5 years. She should be eligible on her own, as per rules set for adults - except age. Also, she will not require to pass Life in UK and English test.

Guidance are available for children born outside UK applying for registration, so that either of parent should have naturisation or BC. However it is still not clear about children with ILR born outside UK. I hope she is also eligible for registration irrespective of any requirement for parent's naturisation.

Any expert advice please.

Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Applying Alone for British Citizenship

Post by noajthan » Mon Feb 01, 2016 9:27 am

easy wrote:Sorry to come back again,

My daughter has got ILR which is more than a year old. She is living in UK for more than 5 years. She should be eligible on her own, as per rules set for adults - except age. Also, she will not require to pass Life in UK and English test.

Guidance are available for children born outside UK applying for registration, so that either of parent should have naturisation or BC. However it is still not clear about children with ILR born outside UK. I hope she is also eligible for registration irrespective of any requirement for parent's naturisation.

Any expert advice please.

Thanks
The requirements are as for s.3(1) BNA. (Children born abroad in these circumstances need to have ILR).

secret.simon has put it very clearly (a few posts above):
british-citizenship/timing-for-parents- ... l#p1299783
Last edited by noajthan on Mon Feb 01, 2016 2:50 pm, edited 1 time in total.
Reason: Fixed link to a previous post
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Re: Applying Alone for British Citizenship

Post by ouflak1 » Mon Feb 01, 2016 1:16 pm

easy wrote: Can I also apply mn1 for my son at the same time, as he is born in UK?
When was your son born? If it was after you got PR, then he is already a citizen.

easy
Newbie
Posts: 47
Joined: Fri Mar 07, 2014 4:51 pm

Re: Timing for parents & child with ILR applying for Citizen

Post by easy » Mon Feb 01, 2016 2:23 pm

Thanks noajthan and ouflak1,

My son was born before my ILR approval. Hence I need to apply for his registration.

I will now apply for BCship for all family together, although their applications will be assessed independently.

Many thanks

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