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Eligibility for Brit Passport 4 Child born before I had ILR

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

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khan81047
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Eligibility for Brit Passport 4 Child born before I had ILR

Post by khan81047 » Wed Jul 26, 2017 6:17 pm

Good Evening.

Could you please help me out with some information and clarification regarding British passport for my children and wife. I have been living in UK since 2004, I was granted ILR in June 2013. I got married in 2010 and was blessed with twins in june 2012. They were born in India and currently they are on dependent visa. They came to UK along with my wife in 2014. My question is
1. Are my children eligible for British passport, even though they were born in India and before I got ILR
2. Can I apply for ILR or British passport for my wife (currently on dependent visa) since we are married from 2010?

Many Thanks

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CR001
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Re: Eligibility for Brit Passport 4 Child born before I had

Post by CR001 » Wed Jul 26, 2017 6:46 pm

1. Are my children eligible for British passport, even though they were born in India and before I got ILR
No they don't. They must apply for ILR before you can apply for citizenship for the children
2. Can I apply for ILR or British passport for my wife (currently on dependent visa) since we are married from 2010?
ILR. She cannot apply for citizenship if she does not have ILR.

Apply ILR for wife and children at the same time.
Char (CR001 not Casa)
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secret.simon
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Re: Eligibility for Brit Passport 4 Child born before I had

Post by secret.simon » Wed Jul 26, 2017 8:16 pm

The UK immigration status of children born abroad to non-EEA parents is in-line with that of the less-privileged parent.

They can apply for ILR with the second parent and can be registered as a British citizen when both parents are settled in the UK (ILR) with at least one parent also having acquired British citizenship. The twins would also be expected to have ILR before registration.

If your wife only started her immigration journey in 2014, she (and the twins) will only become eligible for ILR in 2019. To apply for ILR, she needs to complete five years of being in the UK on a spousal visa, not five years of marriage.
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.

khan81047
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Re: Eligibility for Brit Passport 4 Child born before I had

Post by khan81047 » Thu Jul 27, 2017 10:25 am

Thank you guys for your valuable advise, appreciate it.

jkcool
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Re: Eligibility for Brit Passport 4 Child born before I had

Post by jkcool » Thu Jul 27, 2017 1:54 pm

secret.simon wrote:The UK immigration status of children born abroad to non-EEA parents is in-line with that of the less-privileged parent.

They can apply for ILR with the second parent and can be registered as a British citizen when both parents are settled in the UK (ILR) with at least one parent also having acquired British citizenship. The twins would also be expected to have ILR before registration.

If your wife only started her immigration journey in 2014, she (and the twins) will only become eligible for ILR in 2019. To apply for ILR, she needs to complete five years of being in the UK on a spousal visa, not five years of marriage.
Hi ya,

Just add to that I have a question. I am similar situation.

My daughter was born in India. She is currently on Tier 2 Child dep. As per my understanding, she is eligible for ILR when my wife is eligible for ILR. After holding ILR for 1 year, can my daughter apply for BC by registration provided I acquire BC at that time? My wife wants to stay on ILR and she is not planning to apply BC.

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CR001
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Re: Eligibility for Brit Passport 4 Child born before I had

Post by CR001 » Thu Jul 27, 2017 3:11 pm

jkcool wrote:Hi ya,

Just add to that I have a question. I am similar situation.

My daughter was born in India. She is currently on Tier 2 Child dep. As per my understanding, she is eligible for ILR when my wife is eligible for ILR. After holding ILR for 1 year, can my daughter apply for BC by registration provided I acquire BC at that time? My wife wants to stay on ILR and she is not planning to apply BC.
Can you please start your own topic. This is not a general discussion topic. It is considered rude to tag onto other members posts and it creates confusion when people respond.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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