ILR or Naturalisation for children straight from Tier 1

[happycamper19]

Hello,

Myself and my wife became British citizens several months ago. Our children are still on Tier 1 Visas. Can we apply for their British citizenship straight away, without having to apply for ILR first?

I would be grateful for any information you could offer.

[CR001]

Where were they born?

On what basis did you apply for ILR (5 years residence or 10 years long residence)??

[happycamper19]

Where were they born?

On what basis did you apply for ILR (5 years residence or 10 years long residence)??

They were born in the US. We (parents) applied for ILR on the basis of 5 year residence.

We (parents) became citizens late last year.

[CR001]

Children born abroad are expected to hold ILR to qualify for citizenship as it is an application solely at HO's discretion. There have been many refusals on the forum for children where parents have thought they can skip ILR for children born abroad.

How old are the children?

[noajthan]

Hello,

Myself and my wife became British citizens several months ago. Our children are still on Tier 1 Visas. Can we apply for their British citizenship straight away, without having to apply for ILR first?

I would be grateful for any information you could offer.

You have been asking similar questions & receiving credible, sound & cogent answers since at least 2013.

Eg:
http://www.immigrationboards.com/indefi ... ml#p910225

[happycamper19]

Children born abroad are expected to hold ILR to qualify for citizenship as it is an application solely at HO's discretion. There have been many refusals on the forum for children where parents have thought they can skip ILR for children born abroad.

How old are the children?

One is below 3, the other is below 7.

[CR001]

You should have applied for their ILR when the fees were still low as Amber advised in one of your previous topics from a couple of years ago. Quite pricey now (£1500 each) and going up in April.

[happycamper19]

Hello,

Myself and my wife became British citizens several months ago. Our children are still on Tier 1 Visas. Can we apply for their British citizenship straight away, without having to apply for ILR first?

I would be grateful for any information you could offer.

You have been asking similar questions & receiving credible, sound & cogent answers since at least 2013.

Eg:
http://www.immigrationboards.com/indefi ... ml#p910225

I do not understand what your problem is. The previous questions related to ILR. I am now asking about UK citizenship. You are not being helpful.

[Casa]

They need to apply for ILR before they qualify to apply for British citizenship.

[happycamper19]

They need to apply for ILR before they qualify to apply for British citizenship.

Can I make an application solely at HO's discretion?

[CR001]

The point noajthan is making as that you were advised, back then by Amber, that you can apply for their ILR separately when ready if you apply for yourself and your wife first but could continue to extend their PBS dependent visa in the meantime.

[happycamper19]

The point noajthan is making as that you were advised, back then by Amber, that you can apply for their ILR separately when ready if you apply for yourself and your wife first but could continue to extend their PBS dependent visa in the meantime.

My question is about UK citizenship...not ILR.

[CR001]

They need to apply for ILR before they qualify to apply for British citizenship.

Can I make an application solely at HO's discretion?

Even if they had ILR, it is and always will be a solely at discretion decision for children born abroad, who are required to be settled (hold ILR) to qualify for citizenship. If you apply and they are refused, you lose the application fees. There is no appeal process for refused citizenship applications.

[noajthan]

Hello,

Myself and my wife became British citizens several months ago. Our children are still on Tier 1 Visas. Can we apply for their British citizenship straight away, without having to apply for ILR first?

I would be grateful for any information you could offer.

You have been asking similar questions & receiving credible, sound & cogent answers since at least 2013.

Eg:
http://www.immigrationboards.com/indefi ... ml#p910225

I do not understand what your problem is. The previous questions related to ILR. I am now asking about UK citizenship. You are not being helpful.

Yes, you clearly do not understand - since being told in 2013.

Your children first need you to apply for their ILR in order for you to apply to register them, at Home Secretary's discretion, for the privilege of citizenship.

By apparently trying to save some coin back in 200- whenever you will now incur a greater cost.

Or else have to face the cost & upheaval of a sojourn in somewhere like Germany under Surinder Singh;
(hardly the most appealing prospect in the present geopolitical climate).

[happycamper19]

Can I apply at HO discretion before they get their ILR? Do people do it?

[happycamper19]

They need to apply for ILR before they qualify to apply for British citizenship.

Can I make an application solely at HO's discretion?

Even if they had ILR, it is and always will be a solely at discretion decision for children born abroad, who are required to be settled (hold ILR) to qualify for citizenship. If you apply and they are refused, you lose the application fees. There is no appeal process for refused citizenship applications.

Here is an excerpt from guidance on application at HO's discretion:

"Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK."

Both parents are UK citizens already. So this makes us eligible to apply at HOs discretion. Where am I going wrong?

[noajthan]

Can I apply at HO discretion before they get their ILR? Do people do it?

Such cases under s.3(1) of BNA are expected to have ILR.

With ILR such registration should be straightforward (if supported by adequate documentation).
Any other approach risks the fee/s.

You can read chapter & verse of all relevant HO guidance here:
https://www.gov.uk/government/uploads/s ... 150402.pdf

[happycamper19]

You can read chapter & verse of all relevant HO guidance here:
https://www.gov.uk/government/uploads/s ... 150402.pdf

Thank you! "GUIDE MN1 Registration as a British citizen– A guide about the registration of children under 18" does not mention that children are expected to have ILR. What it does says is that it would expect both or one parent already hold British citizenship (which both of us do).

Is there a guidance for case workers that mentions that they expect kids to have ILR first? or is it based on other people's experience on this forum? Just doing some risk assessment here.

[noajthan]

You can read chapter & verse of all relevant HO guidance here:
https://www.gov.uk/government/uploads/s ... 150402.pdf

Thank you! "GUIDE MN1 Registration as a British citizen– A guide about the registration of children under 18" does not mention that children are expected to have ILR. What it does says is that it would expect both or one parent already hold British citizenship (which both of us do).

Is there a guidance for case workers that mentions that they expect kids to have ILR first? or is it based on other people's experience on this forum? Just doing some risk assessment here.

MN1 guide is just edited highlights.

Noone just makes this stuff up.
I for one have done this & gone out of my way to feed you the guidance.

Suggest you read the detailed guidance above, thoroughly.

[CR001]

Page 48, point 9.17.24 & 9.17.25

https://www.gov.uk/government/uploads/s ... 150402.pdf

"free of conditions of stay" means settled/ILR.

[happycamper19]

Page 48, point 9.17.24 & 9.17.25

https://www.gov.uk/government/uploads/s ... 150402.pdf

"free of conditions of stay" means settled/ILR.

thank you. then again, that paragraph is followed by this:

"9.17.26 But if one or both parents are British citizens who have come to the
United Kingdom to live permanently, then this may be less important,
if:
a. the minor meets the other normal criteria for registration set out
in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above,
then we should consider whether registration would be
appropriate. "

[CR001]

But you were not British when you came to the country!! You applied for citizenship recently, it was not automatic.

I have given my advice based on the rules. I will say no more.

[happycamper19]

But you were not British when you came to the country!! You applied for citizenship recently, it was not automatic.

I have given my advice based on the rules. I will say no more.

Can I apply for my kids citizenship immediately after I get their ILRs?

[noajthan]

Page 48, point 9.17.24 & 9.17.25

https://www.gov.uk/government/uploads/s ... 150402.pdf

"free of conditions of stay" means settled/ILR.

thank you. then again, that paragraph is followed by this:

"9.17.26 But if one or both parents are British citizens who have come to the
United Kingdom to live permanently, then this may be less important,
if:
a. the minor meets the other normal criteria for registration set out
in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above,
then we should consider whether registration would be
appropriate. "

9.17.27 "wish to remove.."
"should consult CMU..."
"consider reasons..."

- how many layers of faceless bureaucrats do you wish to place your children's future in?

You would have to make a case that each child's future lies in UK.
That does not sit well with apparent plans for Germany & birth/s in US (whilst parents apparently resided in UK).

Plenty of cases of 3(1) refusals due to lack of ILR.
No appeal rights on refusal.

However, the balance of probabilities is in your favour with ILR.

I rest my case.

[vinny]

Yes.