I would like to register my lad (14 years old) as a British citizen - app MN1, he was born abroad, and have been living in
UK for past 8 years. I'm British myself, naturalised a year ago. On top of that my wife is just about to submit her
naturalisation application for herself as well (as a wife of a British citizen) they both have documents completed and
ready to be sent.
Now, I applied for American PR status (green card) some time ago (years ago) and just last week I received confirmation that my
Immigrant Visa is granted, as such my family is given one as well. At this point there are no plans for my family to
leave UK, they will likely stay in the country until January 2016, they might just go to US in the beginning of 2015 in
order to active their status, and then they would immediately fly back to UK for another year or so.
Starting from 2016, during that year they may still live half a year in each country so until 2017 (2.5 years ) my son
may still preserve strong bonds with UK.
Please note once you are granted PR status in US you get an American “Immigration” Visa in your passport, something like this
with clear visible immigration wording on it:
http://www.uscis.gov/sites/default/file ... ntvisa.jpg
I skimmed through basic requirements for both type of applications and I can find following:
AN:
You can apply for British citizenship (ADULTS) by naturalisation if:
…..
you’ll continue to live in the UK.
MN1:
And with regards to children I found following chapter in:
https://www.gov.uk/government/uploads/s ... apter9.pdf
Future intentions (p.39)
9.17.2 The most important criterion is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here.
9.17.3 If there is any information to make us doubt that the child's future lies here, for example:
the child, or one or both parents, has recently left the country for a period of more than six months
the child is about to leave the United Kingdom
one or both parents is resident abroad,
we should write to clear up the point. If our doubts are serious, and we are still not satisfied this criterion is met, the application should be refused.
I believe case worker might have a right to question applications if American immigration Visa would have been disclosed,
they might be treated as persons who are just about to leave the United Kingdom - even if they might leave the country in a
year or two (or at all) so I think they simply muddied the waters with this directives to some extent (I would like to see the time period
in there so everything would be clear).
My question is as follow then, would that Immigration Visa impact application in any way at this point? My son nor my wife have not
left UK for more than couple of days per year (going many years back), all other requirements are met, its only that VISa
which bothers me.
Any help / advise will be appreciated.
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