Is my wife and children eligible for Naturalisation

[tier1_to_ilr]

Hi,
I am applying for naturalisation this month. I am eligible but not sure if my wife and 2 kids are eligible. They were born abroad. They were in UK until Nov 2009 (except my daughter who is born in March 2011) and came back in March 2012 as Tier 1 dependent. And in Nov 2013 we all got ILR. They have independent ILR, I believe.
Are they eligible for Naturalisation with me based on 3 years co-habitation rule? Since they were not in UK 5 years ago, will that stop them from applying?

Any other suggestion while applying?

Please help.

[vinny]

Children, yes.
Wife, after you are British.

[tier1_to_ilr]

Children, yes.
Wife, after you are British.

Hi Vinny,
Thanks for your reply. But can my wife apply with me. And they can process both applications together. If mine is successful then they can consider her.

[ScopeD]

Children, yes.
Wife, after you are British.

Hi Vinny,
Thanks for your reply. But can my wife apply with me. And they can process both applications together. If mine is successful then they can consider her.

No, your wife cannot apply with you because she does not currently fulfill the requirements. Once your application has been approved, she can then apply as a wife of a British citizen.

[tier1_to_ilr]

Children, yes.
Wife, after you are British.

Hi Vinny,
Thanks for your reply. But can my wife apply with me. And they can process both applications together. If mine is successful then they can consider her.

No, your wife cannot apply with you because she does not currently fulfill the requirements. Once your application has been approved, she can then apply as a wife of a British citizen.

Thanks a lot. That is quite helpful information.

[tier1_to_ilr]

Can I ask one more question. If my wife is not yet eligible for naturalisation, how come my children who are born abroad and came with her in 2012 can apply registration. I tried to read https://www.gov.uk/government/uploads/s ... r_2015.pdf But too complex.

[noajthan]

Can I ask one more question. If my wife is not yet eligible for naturalisation, how come my children who are born abroad and came with her in 2012 can apply registration. I tried to read https://www.gov.uk/government/uploads/s ... r_2015.pdf But too complex.

Wife needs to be BC or have ILR & naturalising.
Then you can apply to register minors with her, in a joint 'family' application;
or else naturalise wife first then register minors in a follow up application.

Minors born abroad, as in your case, register at Home Secretary's discretion under Section 3(1) of BNA; use form MN1.

[tier1_to_ilr]

Hi,
Can someone with similar experience as mine, tell what was result of registration application for children.
Just to summarise - only father eligible for naturalisation, kids born abroad and living in UK with ILR for last more than 2 years and 4 years with tier1+ILR.

[noajthan]

Hi,
Can someone with similar experience as mine, tell what was result of registration application for children.
Just to summarise - only father eligible for naturalisation, kids born abroad and living in UK with ILR for last more than 2 years and 4 years with tier1+ILR.

I just advised you: wait for wife to have ILR & to be applying to naturalise.
(It doesn't matter by what route ILR is obtained).

That gives minors (born abroad before parents were settled in UK) the best chance of registration because their registration is at Home Secretary's discretion.

Discretion means discretion! Apart from death, taxes (& annual Home Office fee increases) there are no guarantees or certainties in life.

It is same type of case for my family; I aligned with the guidance, understood & ensured full compliance with the rules - & citizenship was granted by the Home Secretary's discretion.

[tier1_to_ilr]

Hi,
I received my approval letter today. Can I apply for my wife and kids now? I am yet to do the ceremony.

[ohara]

No, you are not British until you have taken the ceremony

[tier1_to_ilr]

Thanks for replies. I am going for a private ceremony tomorrow to speed things up. My wife and children are fillling the form. Under section 3 of MN1 for children which subsection is applicable for children abroad to parents born abroad but recently acquired citizenship by naturalisation.

[CR001]

Thanks for replies. I am going for a private ceremony tomorrow to speed things up. My wife and children are fillling the form. Under section 3 of MN1 for children which subsection is applicable for children abroad to parents born abroad but recently acquired citizenship by naturalisation.

Section 3 is not relevant to your circumstances. It does not say what you have said it says.

[tier1_to_ilr]

Thanks for replies. I am going for a private ceremony tomorrow to speed things up. My wife and children are fillling the form. Under section 3 of MN1 for children which subsection is applicable for children abroad to parents born abroad but recently acquired citizenship by naturalisation.

Section 3 is not relevant to your circumstances. It does not say what you have said it says.

Thanks CR001. Another small query - what should I be writing answer for below question?

Section 1 - Personal Information
1.1 Please indicate the section of the British Nationality Act 1981 under which you would like the application considered. See Chapter 2 of the guide for details.

[CR001]

If your children were born abroad, then it is a Section 3(1) application (they need ILR for this).

If your children were born in the UK then it is a Section 1(3) application (they do not need ILR for this).