citizenship based on parent of 7 year old british son

[skum]

Hello,

I will be illegible for British citizenship on dec 2016 based on 10 year legal stay in UK.
But my current UK visa is expiring on 28 sep 2016.

My son ( who is british citizen) will be 7 year old in October 2016. I am wondering whether I can apply citizenship based on 7 year parent rule? is that rule still valid?

Please suggest the best possible way to do citizenship.

Many thanks in advance.

[Wanderer]

You mean ILR, not citizenship?

And no - 7 years alone is not enough, you need to show why it's in the best interests of the child to remain, UKVI takes the view kids are adaptable, so you need something else to argue.

[Casa]

Wanderer is right...and you need to hold ILR for 12 months before qualifying for BC unless married to a British citizen.

[skum]

My partner has applied for british citizenship this month. So does that mean I can apply for British citizenship as partner (5 year rule)? We have lived as married couple since 2007 in UK.

My partner and I both came to UK with independent Tier 1 UK visa. I became my partners dependent in 2014.
I know there are always different rules for PBS people
many thanks!!

[Casa]

Unmarried partners don't enjoy the same privilege of the 12 month exemption for BC as married couples. You need to have ILR first before starting the qualifying period for BC.
How did you partner qualify for ILR? The 5 route or 10 years long residence?

[skum]

My partner applied for naturalization based on 5 year rule - tier1+ extension.

Our only mistake is that I became his dependent on 2014 not on July 2012 (since when the rules changed for partner of pbs).

[CR001]

My partner applied for naturalization based on 5 year rule - tier1+ extension.

Does your partner hold ILR? What do you mean by the above and 'extension'?

You need 5 years residence at Tier 1 Dependent before you can apply for ILR (or 10 years long residence if you reach that sooner).

Once you have ILR and ONLY if you are married to a British spouse, can you apply for citizenship. If you are not married, you have to wait 12 months on ILR before you can apply.

You cannot apply for citizenship based on your child.

[Casa]

In which case you can continue to extend as a PBS dependent until you either reach 5 years residence, or 10 years long residence as a combination of categories. The shortfall between September and the 10 you will be only be able to apply for citizenship immediately after if you are married. As mentioned before unmarried partners don't qualify for this..

Edit: Beaten by CR001 while I fluffed around with edits. As CR001 has queried...assuming your husband has actually been granted ILR. It's not clear from your post.

[skum]

many thanks for all replies. Here are the facts again:

1. My partner has applied for British citizenship this month. At the moment, he has ILR ( after completing 5 years on PBS).

2. I am on his dependent visa from 2014 which is expiring on Sep 2016.

3. I will complete 10 year legal stay in in UK in Dec 2016.


I guess, I will need to apply for extension of visa ( dependent visa) in Agu/sep 2016.

Then in Dec 2016/Jan 2017 I apply for ILR Or british citizenship (whichever is applicable!!)?

[skum]

And we are married since 2006. sorry I wrote partner instead of husband!! sorry of confusion!

[CR001]

I guess, I will need to apply for extension of visa ( dependent visa) in Agu/sep 2016. Yes

Then in Dec 2016/Jan 2017 I apply for ILR Or british citizenship (whichever is applicable!!)? You apply for ILR first before you can apply for citizenship. You cannot apply directly for citizenship without ILR.

[Casa]

Are you sure that your husband actually applied for ILR and that this was granted? I'm just checking that (like you) there was confusion and he believed that ILR was obtained automatically at the end of his 5 years residence. If so, when exactly was ILR granted?

[CR001]

Are you sure that your husband actually applied for ILR and that this was granted? I'm just checking that (like you) there was confusion and he believed that ILR was obtained automatically at the end of his 5 years residence. If so, when exactly was ILR granted?

OP is on FLR(M) so partner must have ILR (just been scanning through previous posts)

[skum]

Thanks for replies. Yes, I agree, I need to apply for extension in sep and then apply for ILR in Dec. Then after a year apply for Naturalization.

My husband was issued ILR on 2014. He has applied for Naturalization this month. Hence he will be come British citizen soon.

I was wondering if any of the procedure changes (ILR/Naturalization) due to my husband's British Citizenship? My son already has British Citizenship.


(I will complete 10 year long residence requirement in Dec 2016. My current visa (spouse) is expiring on sep 2016.)

[CR001]

I was wondering if any of the procedure changes (ILR/Naturalization) due to my husband's British Citizenship? My son already has British Citizenship.

Once you are granted ILR, if your husband is British at that point, you can apply straight away for citizenship and will not have to wait 12 months on ILR. This is provided you meet all the standard requirements (absence limit, good character, no overstay, etc.)

This is the ONLY benefit you will have. Your son's status is irrelevant

[skum]

I was wondering if any of the procedure changes (ILR/Naturalization) due to my husband's British Citizenship? My son already has British Citizenship.

Once you are granted ILR, if your husband is British at that point, you can apply straight away for citizenship and will not have to wait 12 months on ILR. This is provided you meet all the standard requirements (absence limit, good character, no overstay, etc.)

This is the ONLY benefit you will have. Your son's status is irrelevant

Many thanks. After my ILR I can apply for citizenship based on my husband's British citizenship.
Do it matter on this case - how he obtained citizenship (in his case through 5 year in PBS then ILR )?
I am always confused as there are always different rules for Point base migrants...

[noajthan]

There is no good ILR or bad ILR nor best ILR or worst ILR to have.

It's all ILR, it doesn't matter how someone got it (as long as obtained honestly ofcourse).