ILR / Direct citizenship for Kids born outside UK

[FOR_ILR]

Hi Gurus,

My brother's family are living in UK all of them have valid PBS tier1 visa valid till FEB-2018 (based on their 2nd extension received), brother and Sister-in-law are eligible for ILR in next 2 weeks (from 16th Dec 2015), they have also passed life in uk test.

Question:
1. Can they (brother and SisL) apply for ILR without including kids in their application - both kids born outside UK and have valid pbs dependent visa till FEB-2018.

2. If brother and sister in law can apply for ILR, can the kids directly register for citizen ship by DEC-2016 (i.e. when Brother applies for his citizenship)?

Kindly confirm.

Thanks,
S K

[CR001]

Children born abroad are expected to hold ILR before they can qualify or apply for citizenship which is a decision at discretion. In addition, they can only apply for citizenship if their parents apply.

How old are the children and how long have they been resident in the UK?

[FOR_ILR]

[quote="CR001"]Children born abroad are expected to hold ILR before they can qualify or apply for citizenship which is a decision at discretion. In addition, they can only apply for citizenship if their parents apply.

How old are the children and how long have they been resident in the UK?[/quote]

Child 1: Age 7 - living in UK from May 2011
Child 2: Age 5 - Living in UK from May 2011
Parents will be eligible for citizenship by Dec-2016

Is registration for naturalization for children born outside uk possible for these 2 kids?

Thanks
SK

[FOR_ILR]

[quote="CR001"]Children born abroad are expected to hold ILR before they can qualify or apply for citizenship which is a decision at discretion. In addition, they can only apply for citizenship if their parents apply.

How old are the children and how long have they been resident in the UK?[/quote]

When my brother and Sislaw gets their ILR, can both kids still remain in PBS Dependent visa (which is valid till Feb 2018), and then in Dec-2016 all of them can apply for citizenship together?

[CR001]

The children will need ILR before they can apply for citizenship as they are born abroad or risk refusal if they apply for citizenship without ILR. Their applications would be at the discretion of HO and there have been many refusals due to child born abroad not having ILR first. There is no appeal process for refused citizenship applications.

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

Your friend will have to cough up and pay the fee for the children to get ILR.

[noajthan]

2. If brother and sister in law can apply for ILR, can the kids directly register for citizen ship by DEC-2016 (i.e. when Brother applies for his citizenship)?

Kindly confirm.

Thanks,
S K

It is a false economy to attempt this manouvere as many cases in the forum will testify.
Such applicants skipping ILR for minors face a very high risk of refusal & loss of fee/s.

[secret.simon]

Also, as a broad rule, children born outside the UK have the same status as that of the less-privileged parent. So, if one of the parents fails at a particular stage, it is that status that the children will inherit.

The current guidance (not rules) is that children born outside the UK can be registered as British citizens when one parent is a British citizen and the other one has ILR and is applying for British citizenship.