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Child born n India need ILR ,parent eligible for Citizenship

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Mannu1979
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Child born n India need ILR ,parent eligible for Citizenship

Post by Mannu1979 » Tue Dec 02, 2014 12:10 am

Hi,

I got my Tier1 General visa in October 2010. My son was born in June,2011 in India. He got Tier 1 Dependent visa in Nov, 2011.
I will be applying for an extension of my Tier 1 in January 2015 along with my dependent son and wife.
I will be eligible for ILR in Jan 2016 as I came to UK in Feb,2011.
My query is can I skip the ILR of my dependent son in Jan 2016 as his Visa will be valid till Jan,2018 (after extension in Jan,2015) and directly apply for his citizenship once i get ILR(Jan,2016) or when I am eligible for citizen ship in Jan,2017 ?

It will be really helpful for me if someone can answer my query.

Thanks in advance.
Mannu

vinny
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Re: Child born n India need ILR ,parent eligible for Citizen

Post by vinny » Tue Dec 02, 2014 12:47 am

He could try MN1 without ILR. But, as he has sufficient leave, it's probably better to wait until after you are applying for/granted citizenship.
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.

Mannu1979
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Posts: 18
Joined: Mon Jul 18, 2011 9:34 pm

Naturalisation for non UK born child

Post by Mannu1979 » Sat Feb 20, 2016 12:45 am

Hi,
Me and my wife were on Tier 1 General Visa and recently got our ILR approved. We have a son who was born in India. We have not applied for his ILR and planning to apply for his Naturalization with my application of Naturalization next year.
Please guide if I apply for his Naturalization without him being on ILR , his application of naturalization will be successful.
Please guide

Thanks

vinny
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Re: Naturalisation for non UK born child

Post by vinny » Sat Feb 20, 2016 12:53 am

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.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation for non UK born child

Post by noajthan » Sat Feb 20, 2016 12:53 am

Mannu1979 wrote:Hi,
Me and my wife were on Tier 1 General Visa and recently got our ILR approved. We have a son who was born in India. We have not applied for his ILR and planning to apply for his Naturalization with my application of Naturalization next year.
Please guide if I apply for his Naturalization without him being on ILR , his application of naturalization will be successful.
Please guide

Thanks
Such an approach (ex-ILR) may well fail i.e according to the HO guidance on discretionary registration of minors under s.3(1) of BNA;
and as per members' experiences, (as posted in forum).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Naturalisation for non UK born child

Post by secret.simon » Sat Feb 20, 2016 10:19 am

The status of children born outside the UK is in line with the less-privileged parent.

Your child should apply for registration along with the naturalisation application of the other parent.

As advised by noajthan and vinny, the child requires ILR before registration.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Mannu1979
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Posts: 18
Joined: Mon Jul 18, 2011 9:34 pm

British passport for child born in India

Post by Mannu1979 » Thu Jan 12, 2017 12:27 am

Hi,

I need help for the following query.

I am on ILR and will be applying for Naturalisation in Feb,2017. My wife is also on ILR. My son who was born in India and here in UK for last 5 years is on dependent visa, he is 5.5 years old. I am planning to apply to apply for Naturalisation for my son also with me.
Want to know if it is possible to do so as he is not on ILR now.

Please answer my query as there is lot of confusion for me.

Thanks
Mannu

secret.simon
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Re: British passport for child born in India

Post by secret.simon » Thu Jan 12, 2017 2:12 am

Given that both parents are on ILR, why did you not apply for ILR for the child as well?

Typically, children born outside the UK are expected to have ILR before being considered for registration as a British citizen.

There has been a recent success on these forums of a child without ILR being registered, but that was because his application demonstrated that as his father and brothers were already British citizens, that he had strong ties to the UK.

An application without demonstration of strong links to the UK is highly likely to be rejected.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: British passport for child born in India

Post by CR001 » Thu Jan 12, 2017 8:42 am

You were already given the advice that ILR is a requirement in 2014 and again in 2016. You should have planned and applied appropriately.

http://www.immigrationboards.com/britis ... l#p1309591
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Child born n India need ILR ,parent eligible for Citizen

Post by vinny » Thu Jan 12, 2017 9:53 am

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.

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