Query for my Son Citizenship

[Salman80]

Hi All,

I am British now but my son (3.5 years now) was born outside UK (Aug 2012 in US) when I did not have indefinite leave to remain ( ILR received in Nov 2012). My wife and son are US national and they are in UK for last 2.5 years and under 5 year dependent category.
Is there any way I can apply for citizenship for my son now or does he need to wait for 5 years before applying for ILR like my wife?

Please advise

Regards

Salman

[CR001]

Is there any way I can apply for citizenship for my son now

No

or does he need to wait for 5 years before applying for ILR like my wife?

Yes

He is not entitled to apply for registration as British as he was not born in the UK. He will need ILR and will follow the same route as your wife.

[Salman80]

Dear Sir / Madam,

My Son was born outside UK before my ILR - My wife and son came to UK under 5 years dependent route in Feb 2013. They got ILR in June 18. I believe they can apply for Naturalization straightaway but please confirm?

I understand my wife has to show absences from UK for only 3 years for her citizenship application but at the same time do we need to give 5 years of absence from UK for my 6 years old son for his citizenship application (Ref Page 9 and 10 of MN1 Applcation ) while they are applying together.

My wife has to show 3 years absences (230 days out of allowed 270 days) but as per my sons form, page 9 and 10 they are asking for last 5 years addresses and number of days absences during this term (i-e 5 years) -


If he has to give 5 years absences then He has total 481 days in last 5 years - so my questions are;

1) do we still need to show my sons 5 years absence while My Mrs had to show for 3 years?

2) Should we just put absences of last 3 years (like my wife) only which is 230 days ???

3) Is there any limitation for number of days for minor (like my son) during this 3 or 5 years?


4) If it is really 5 years and 450 days, what should be our next steps? can we show the reason of one extension in 2014 where there were two consecutive deaths in family so my wife had to stay longer there with my son..?


Please advise urgently as I have to apply before by Friday (07/09/2018) latest - Thanks


Regards

Salman

[vinny]

If you are a British citizen, then your wife may naturalise now. Your son may register at the same time.

I think the MN1 form residence section asks for more than necessary. I'm guessing that the form drafter was confused or trying to justify the fees? However, there is no harm giving five years information, if he has been in the UK for at least that long.

3) No.

[vinny]

Posts merged.

[Salman80]

If you are a British citizen, then your wife may naturalise now. Your son may register at the same time.

I think the MN1 form residence section asks for more than necessary. I'm guessing that the form drafter was confused or trying to justify the fees? However, there is no harm giving five years information, if he has been in the UK for at least that long.

3) No.

Many Thanks Vinny for quick response. yes I am British national now and got passport 3 years before.

What is the main difference between Registering for child and applying citizenship for my wife? will they both not getting passport same time?

so if we show 481 days absence for 5 years then do we need to give explanation or proof as well?

Please advise
Regards
Salman

[CR001]

If you are a British citizen, then your wife may naturalise now. Your son may register at the same time.

I think the MN1 form residence section asks for more than necessary. I'm guessing that the form drafter was confused or trying to justify the fees? However, there is no harm giving five years information, if he has been in the UK for at least that long.

3) No.

Many Thanks Vinny for quick response. yes I am British national now and got passport 3 years before.

What is the main difference between Registering for child and applying citizenship for my wife? will they both not getting passport same time?

so if we show 481 days absence for 5 years then do we need to give explanation or proof as well?

Please advise
Regards
Salman

Children are REGISTERED as British.
Adults are NATURALISED as British.

Both same end result.

They can apply together at the same time.

Note that your wife will be applying for citizenship based on 3 years residence as spouse of BC. The absence limit is 270 days in the 3 years and 90 days absence in the last 12 months.

[Salman80]

If you are a British citizen, then your wife may naturalise now. Your son may register at the same time.

I think the MN1 form residence section asks for more than necessary. I'm guessing that the form drafter was confused or trying to justify the fees? However, there is no harm giving five years information, if he has been in the UK for at least that long.

3) No.

Many Thanks Vinny for quick response. yes I am British national now and got passport 3 years before.

What is the main difference between Registering for child and applying citizenship for my wife? will they both not getting passport same time?

so if we show 481 days absence for 5 years then do we need to give explanation or proof as well?

Please advise
Regards
Salman

Children are REGISTERED as British.
Adults are NATURALISED as British.

Both same end result.

They can apply together at the same time.

Note that your wife will be applying for citizenship based on 3 years residence as spouse of BC. The absence limit is 270 days in the 3 years and 90 days absence in the last 12 months.

Many Thanks

Following to your earlier comment " However, there is no harm giving five years information, if he has been in the UK for at least that long"
yes - he has been living here since Feb 2013 but in last five years he was away for total 481 days, which is more than normally accepted absent limit (i-e 450 days) - hence we got confused i-e whether we really need to provide all 5 years absence with justifications of absences or just three years absences (as of in my wife's application)????

Please advise

[CR001]

There is no real absence limit for children registering on form MN1.

There is no 'proof of absence or justification' that has to be sent with the forms.

[Salman80]

There is no real absence limit for children registering on form MN1.

There is no 'proof of absence or justification' that has to be sent with the forms.

OK - Many Thanks

[Salman80]

There is no real absence limit for children registering on form MN1.

There is no 'proof of absence or justification' that has to be sent with the forms.

OK - Many Thanks

Hi All,

Just to update, I took Natioanlity Checking Service Today (From Tower Helmets- London) today and they said that for my son Registration, we need to show only 3 years of absences from UK (Like his mother).

Thanks to all for all support

Regards
Salman