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Citizenship for Minors with Parents having ILR+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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ni_uk
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Citizenship for Minors with Parents having ILR+Citizenship

Post by ni_uk » Sun May 20, 2018 10:35 pm

I am very sorry of this has been asked before but I could not find the exact answer.
Me and my 2 minors (11 yrs & 9 yrs ) are on ILR since last one week after 5 yrs residence route as T1 dependants. My husband has got his BC 2 days ago while my one minor born in UK was registered as BC after my husband got ILR. I want to ask if;
1. My two minors who have got ILR since last one week with me, can be registered as BC without being on ILR for 12 months?
2. If yes then what documents I need to provide with their applications?
3. Can HO say applicants for BC must spend 12 months on ILR?
4. Would these applications come under the discretion of Home Secretary?
Thanking in advance.

vinny
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by vinny » Mon May 21, 2018 12:44 am

1. Yes.
2. See MN1 form and guidance.
3. Applies to adults naturalising under Section 6(1).
4. Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ni_uk
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by ni_uk » Mon May 21, 2018 2:36 am

Thanks a lot vinny! Just one more question please;
Can Me (Dependant Partner of PBS T1 who is British now) on ILR since one week, can be naturalised now like my minors or I have to wait for 12 months on ILR? If yes then which clause/section of BNA?
I would appreciate your kind response. Thanking in advance.

vinny
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by vinny » Mon May 21, 2018 2:52 am

Answered in 1.

Section 3(1).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ni_uk
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by ni_uk » Mon May 21, 2018 11:15 am

Hi vinny.
In your answer 1, Do you mean that me (adult dependant partner) can also apply for BC without being on ILR for 12 months? I was thinking this is only for the minors for the adults.

vinny
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by vinny » Tue May 22, 2018 12:58 am

Yes, if the adult is applying under Section 6(2) as the spouse or civil partner of a British citizen.

Unfortunately, they also expect children born outside the UK to wait until at least one parent is eligible to naturalise. This effectively means that these children may have to wait for at least one year on ILR with both non-British parents too.

However, if your spouse is already British, then you may naturalise and your children may register without having to wait for one year on ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ni_uk
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by ni_uk » Tue May 22, 2018 3:44 pm

Thanks a lot for your quick response. I am a bit concerned about losing BC application fee as there is no appeal option after refusal.
1. Is there any chance of refusal if me or minors have not completed 12 months on ILR under the section 6(2) and 3(1) respectively?
2. should I apply for BC first under 6(2) and then the two minors under 3(1) after getting mine?
3. should minors apply first then me?
4. me and minors at the same time? or
5. Should we all wait for one year to be 12 months on ILR?

Thanking in advance

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CR001
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by CR001 » Tue May 22, 2018 4:06 pm

1. No.

2. Your choice.

3. Makes no difference.

4. Yes you can apply at the same time.

5. No, not if your spouse is British.

Have you click on any of the links that vinny has provided??
Char (CR001 not Casa)
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ni_uk
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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by ni_uk » Tue May 22, 2018 4:12 pm

Thanks a lot for the prompt answers. Yes I clicked but was confused by the vinny's statement "Unfortunately, they also expect children born outside the UK to wait until at least one parent is eligible to naturalise. This effectively means that these children may have to wait for at least one year on ILR with both non-British parents too."

Many thanks for proper guidance.

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Re: Citizenship for Minors with Parents having ILR+Citizenship

Post by CR001 » Tue May 22, 2018 4:20 pm

Relevant if your spouse is NOT British, which they are per your first post.
Char (CR001 not Casa)
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