Can I apply for British citizenship if my child is British

[masterprince]

Hi All,

First of all thank you all for all your support and help .

My question is

I have a child who is born in UK and he is 2 and half years old now . Can i apply for British citizenship on this basis. I have recently received an extension of my spouse visa but was just thinking of the possibilities really

Thanks

[CR001]

I have a child who is born in UK and he is 2 and half years old now . Can i apply for British citizenship on this basis. I have recently received an extension of my spouse visa but was just thinking of the possibilities really

No you cannot. There is no British citizenship based on a child route who is britiah.

You also need ILR first, which takes 5 years on your current visa route.

[masterprince]

Thanks so much .

Is it true that if a marriage is with British citizen then there is no waiting for 1 extra year (ILR) after 5 years and will lead to Citizenship directly

[CR001]

Thanks so much .

Is it true that if a marriage is with British citizen then there is no waiting for 1 extra year (ILR) after 5 years and will lead to Citizenship directly

Yes, provided you meet the requirements.

[masterprince]

Thats nice to know but just wanted to know what are the requirements really . Appriciate if you can help me out with it

[alterhase58]

Thats nice to know but just wanted to know what are the requirements really . Appriciate if you can help me out with it

You should start by reviewing the guidance:
https://www.gov.uk/government/publicati ... n-guidance

[masterprince]

Thanks guys but i didnt still understand clearly but anyway i will better wait for extended 2.5 years and then i think 1 year ILR and then citizenship . My status is i have married to a british nationality outside british and then came to uk with spouse visa

Thanks

[aman90]

Thanks guys but i didnt still understand clearly

If you are married to a British Citizen, you may immediately apply for citizenship once you receive settled status/ILR. You must physically present 3years prior to date of ur naturalisation application, you must not have more than 270days of absences and must have never been in breach of ur visa terms n conditions, also no criminal charges.. that’s the crux of it.
Read the guidance a few times.

[xavieryves]

Thanks guys but i didnt still understand clearly but anyway i will better wait for extended 2.5 years and then i think 1 year ILR and then citizenship . My status is i have married to a british nationality outside british and then came to uk with spouse visa Thanks

Just to add to what aman90 said. For better advice if you could provide your full immigration history, i.e. dates, how long you've been on spouse visa, etc.
It sounds like you don't have settled status yet (Indefinite Leave to Remain). Depending on how long you have had your spouse visa for you may not need to wait 2.5 years as you only need 3 years on that visa before applying for ILR. Once you get it you can apply for citizenship immediately and do not need to wait 1 year.

[CR001]

Thanks guys but i didnt still understand clearly but anyway i will better wait for extended 2.5 years and then i think 1 year ILR and then citizenship . My status is i have married to a british nationality outside british and then came to uk with spouse visa Thanks

Just to add to what aman90 said. For better advice if you could provide your full immigration history, i.e. dates, how long you've been on spouse visa, etc.
It sounds like you don't have settled status yet (Indefinite Leave to Remain). Depending on how long you have had your spouse visa for you may not need to wait 2.5 years as you only need 3 years on that visa before applying for ILR. Once you get it you can apply for citizenship immediately and do not need to wait 1 year.

Please do not post incorrect advice. For ilr a person needs 5 years residence on a qualifying visa (or 10 years if on a 10 year FLR fp route). There is no route anymore that is 3 years visa for ilr as spouse of British citizen.

[xavieryves]

Please do not post incorrect advice. For ilr a person needs 5 years residence on a qualifying visa (or 10 years if on a 10 year FLR fp route). There is no route anymore that is 3 years visa for ilr as spouse of British citizen.

Fair enough, I stand corrected. However we all post what we believe to be true, certainly the Guide AN that he's being referred to would seem to suggest 3 years. It is up to those who know better to interject and correct with up to date information isn't that how this forum works since none of us are qualified legal experts?

[CR001]

Please do not post incorrect advice. For ilr a person needs 5 years residence on a qualifying visa (or 10 years if on a 10 year FLR fp route). There is no route anymore that is 3 years visa for ilr as spouse of British citizen.

Fair enough, I stand corrected. However we all post what we believe to be true, certainly the Guide AN that he's being referred to would seem to suggest 3 years. It is up to those who know better to interject and correct with up to date information isn't that how this forum works since none of us are qualified legal experts?

You are confusing two completely different types of applications. Nationality law and Immigration rules are separate and independent of each other.

If a person is married to a BC then yes you can apply based on 3 years residence. That does not remove the requirement for ILR which takes 5 years residence.

Giving wrong advice when you are not sure yourself can end up costing someone a lot of money.

[aman90]

It is up to those who know better to interject and correct with up to date information isn't that how this forum works since none of us are qualified legal experts?

There is a wealth of information on the forum and it’s easy to mix things up. Moderators do interject when they feel something is incorrect.

[xavieryves]

Giving wrong advice when you are not sure yourself can end up costing someone a lot of money.

In case I didn't make it clear already: I stand corrected! Why would I post anything if I wasn't sure of it? Either way, this back and forth will be beneficial not just to the OP and me but to anyone else who may happen on this thread in their research and erroneously believed the old rules to be the case still.

There is a wealth of information on the forum and it’s easy to mix things up. Moderators do interject when they feel something is incorrect.

Precisely!

[masterprince]

Thanks you for all your support

I will put down my Visa status

First i had 'leave to enter' - valid until aug 2019 which then i applied for FLRM and got 'leave to remain' - valid until jan 2022

My Wife is BC and marrige was held outside UK

So based on this info i need your expert advice on can i apply for Citizenship before the completion of 5 years? or worse case can i apply with out waiting one extra year after 5 years .

Thanks and regards.

[CR001]

So based on this info i need your expert advice on can i apply for Citizenship before the completion of 5 years? or worse case can i apply with out waiting one extra year after 5 years .

No you cannot. You need ILR first, which takes 5 years.

There is no shortcut or quicker route to citizenship for you. Once you have ILR and you meet all the requirements, then you can apply for citizenship without waiting 1 year on ILR.

[masterprince]

Thanks for your valuable reply

Thats my doubt . I am happy to wait 5 years and from what i understand after reading your message is that i Dont have to wait an year extra after 5 years and i can apply for Citizenship directly which is what i wanted to know

but what consfuses me was that are some who completed 5 years and then also had to complete 1 extra year and then got Citizenship .Is this becaue they didnt marry a BC and is there a rule which says if you marry BC then after completing 5 years on spouse visa (BRP) you can get citizienship without waiting extra year .

Thanks so much for all your support ....

[CR001]

The concession of not waiting for one year on ilr is only applicable to a spouse of a British person. Everyone else has to wait 1 year on ilr.

[masterprince]

Thank YOU !!!! I finially got clear answer .. Keep it up with the good work .

Many Thanks

[CR001]

Just to be clear, you still have to have ILR, which requires 5 years residence.

[masterprince]

Sorry but when you say i still have to have ILR does that mean that If i stay in UK for 5 years this is what ILR is? As in my situation i have already completed 2.5 Years and applied and got FLRM extension so i will be completing for anoth 2.5 years on BRP = 5 years . Is this what ILR means or is that after 5 years i have to first Pay for ILR and then immediatly pay for citizensip

[CR001]

Sorry but when you say i still have to have ILR does that mean that If i stay in UK for 5 years this is what ILR is? As in my situation i have already completed 2.5 Years and applied and got FLRM extension so i will be completing for anoth 2.5 years on BRP = 5 years . Is this what ILR means or is that after 5 years i have to first Pay for ILR and then immediatly pay for citizensip

You need 2 x 2.5 year visas and then you have to apply for ILR on form SET(M). Current cost for 8 weeks standard is £2389 and for super priority is £3189.

ILR - Indefinite Leave to Remain. You don't get it automatically, you have to apply for it and meet the B1 English and the same £18,600pa financial requirements.

Only once you have been approved for ILR, can you apply for citizenship if you meet the requirements.

[masterprince]

Thanks CR001 for the breakdown .

So once i get ILR then i can immediately apply for Citizenship without waiting for a year but as per the process I have first apply for ILR and then Citizenship

[CR001]

So once i get ILR then i can immediately apply for Citizenship without waiting for a year but as per the process I have first apply for ILR and then Citizenship

Yes. You must meet the requirements to apply for British citizenship though, which will be based on 3 years residence. There are absence limits and a physically present at the start of the qualifying 3 year period etc.

[Casa]

Thanks so much .

Is it true that if a marriage is with British citizen then there is no waiting for 1 extra year (ILR) after 5 years and will lead to Citizenship directly

Yes, provided you meet the requirements.