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Naturalisation with child born in UK before ILR

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

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farazfastian
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Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Naturalisation with child born in UK before ILR

Post by farazfastian » Thu Jul 07, 2011 4:17 pm

My son (19 months) was born before ILR and now we all have ILR and ready to apply for citizenship (on completing 5 years) except my wife (she still have few months to complete 3 years).
After reading alot this is what i've found:

- I'll be applying on AN form with £836 fee (5 years residency)

- My son will be applying on MN1 form with £570 fee (UK born with settled parents)

In total its hell lot of money especially my wife will also be paying £836 in Jan,12 :(

Question: Is there a way we can both apply ina joint application hence paying less fee?

Regards
Faraz

Jambo
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Post by Jambo » Thu Jul 07, 2011 5:41 pm

You can wait until your wife complete 5 years although by then joint applications price might increase to the same level as two single applications today....

farazfastian
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Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Thu Jul 07, 2011 7:44 pm

I knew there's no way but wasn't sure, of course i'm not doing that otherwise i woudn't ask this question now.

vinny
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Post by vinny » Fri Jul 08, 2011 1:17 am

farazfastian wrote:she still have few months to complete 3 years
Wait a few months.
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.

Jambo
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Post by Jambo » Fri Jul 08, 2011 8:10 am

Victoria wrote:Actually, you can apply together, with the reduced fee, and request that the main applicants is considered first. But as John has said, your wife has to have been here three years at the date of application.
Would that actually work? As the main applicant is not British until he attends the ceremony.
Did someone in the forum (or the other one you linked to) been successful in do so? Would save money in many cases.

vinny
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Post by vinny » Fri Jul 08, 2011 8:14 am

Victoria stated that her clients had succeeded.
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.

farazfastian
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Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Fri Jul 08, 2011 10:09 am

Thanks for that vinny! this is what i was after. I know Homeoffice do consider logical cases but it varies and sometime doesn't work for all.

So say i wait till January and then i go to NCS, will they take my case on this basis and how can i specify to CW to consider my case first and then treat my wife case on the result of mine?

Just confirming, above will make my and wife app joint i.e. paying reduced fee of £1294 but i'll be still applying for my son separately on MN1 £570, right?

Many Thanks,
Faraz

farazfastian
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Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Fri Jul 08, 2011 11:43 am

Just spoke to HomeOffice Nationality contact centre and they said you can't do it as on the day of application you're not British Citizen so it won't work.

Also spoke to immigration agent he said yes you can do a joint application in January.

I'm really confused now! :(

vinny
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Post by vinny » Fri Jul 08, 2011 7:43 pm

It appears to be an undocumented discretion.
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.

farazfastian
Member
Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Sun Jul 10, 2011 12:35 pm

Its risky as it all depends on case worker but worth trying for, as its not just the money you'll save but also time and effort in doing to doing two separate applications.

I'll wait till Jaunary and apply for all the family together with a covering letter explaining the situation.

Regards
Faraz

hsmp_victory
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Post by hsmp_victory » Mon Jul 11, 2011 10:15 am

Hi Faraz,
I applied for BC in March 2011 along with my 1 year child born in UK through NCS service, and they clearly told me your wife cannot apply for BC till she completes 5 years in UK. But she can apply for BC after 3 years as a wife/partner of BC. She will be completing 3 years in UK in September 2011 and i am attending the Ceremony on 13th July 2011(coming Wednesday) only then i will be a British Citizen.
I could have saved a hell lot of money had I applied together, but it is a risk.
Now it is clear you cannot apply together since you are not yet a British Citizen. You only have ILR. I would suggest not to take a risk. You may be trying to save a few hundred pounds and end up losing a lot more.
And you are assuming you might get a case worker who would "understand" your situation. They are trying to tighten the immigration and you can guess what chances you have.

farazfastian
Member
Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Mon Jul 11, 2011 1:19 pm

I agree and i know there are cases where here they've done it but its very risky.
I would have gone for it if there was a way to apply in person as at least in that case i could have explain to them in detail but via post its all down to case worker.

Yes instead of saving around £400 i'll lose £900 if it doesn't work.

farazfastian
Member
Posts: 211
Joined: Sat May 21, 2005 9:04 pm
Location: London - UK

Post by farazfastian » Mon Jul 11, 2011 3:23 pm

Another update: Just called almost 8-10 different OICS consultants and they all said you can't do that. You should make two separate applications one for yourself and another one for your wife in Jan,12.

Another thing, i couldn't find any one on the board who has done the same.

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