Nationality Question

[jes2jes]

Hi All:

Just want to ask if my brother's kids qualify for Registration as British.
He has ILR and today applied for Naturalisation via the NCS. Wife could not get ILR last year and went on Spousal route since brother applied using the LR route (quicker than using his WP option).

Now, he has three kids all born abroad. The eldest is 9 years and the second is 6 years. Both the 9 year old and the 6 year old have been leaving in the UK since 2002 (5 years ago). The last one was born in the US and came to the UK after a few months. He is currently 3 years old.

He informed me he called the Nationality Enquiry line in Liverpool and was told He cannot register the kids as Brits until the WIFE gets PR/ILR next June.

Can anyone clarify if this is right and point me to the right policy documentation so that I can pass this information to him.

Thank you.

[JAJ]

Hi All:

Just want to ask if my brother's kids qualify for Registration as British.
He has ILR and today applied for Naturalisation via the NCS. Wife could not get ILR last year and went on Spousal route since brother applied using the LR route (quicker than using his WP option).

Now, he has three kids all born abroad. The eldest is 9 years and the second is 6 years. Both the 9 year old and the 6 year old have been leaving in the UK since 2002 (5 years ago). The last one was born in the US and came to the UK after a few months. He is currently 3 years old.

He informed me he called the Nationality Enquiry line in Liverpool and was told He cannot register the kids as Brits until the WIFE gets PR/ILR next June.
.

Do the children have ILR or not?

[jes2jes]

JAJ:
The children do not have ILR. I think they were both giving dependant visas again last year when their dad had ILR.

[1963British]

They will be applying under the Home Office "discretionary" provision of s 3 (1).

You need to review Chapter 9 of the Nationality Instructions, specifically Chapter 9.15.

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

Off the top of my head, the basics are as follows. One parent must be a British Citizen and both parents must be settled. Children must be settled. Under age 13, there is not a set fast residency requirement, but it must be clear that they have an established life in the UK. Under 10, character checks and referees not required.

At first glance the "problem" appears that the spouse and children do not have ILR that they need to have in order to meet the settled criteria for the Secretaries "discretion."

[JAJ]

JAJ:
The children do not have ILR. I think they were both giving dependant visas again last year when their dad had ILR.

Children need to get ILR first (they would not have needed this if born in UK). Once they have ILR they can be registered as British citizens under section 3(1), as they will by then have a British citizen parents.

As they will all be under 13 at the time, no specific residence requirement.

Wife will be able to apply for naturalisation as soon as she has ILR, provided she has 3 years legal UK residence.

The children can be registered as British independently of the wife, and one GBP400 fee will cover all three.

[jes2jes]

JAJ & 196British:

Thank you very much. I communicated the policy documentation British sent after a read through to him and they would wait. Wife and the kids would go for ILR next year and proceed with Naturalisation (Registration for the kids).

NB: The wife has more than 5 year residency as both Dependant of a WP Holder/Spousal/Student.

Thanks for your time and response.