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British naturalized parents with children born abroad

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Angie77
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Posts: 141
Joined: Wed Jun 08, 2016 5:13 pm

British naturalized parents with children born abroad

Post by Angie77 » Sun Nov 20, 2016 5:18 pm

My husband and I are applying for British citizenship. We both hold PR as european and non-european immigrant.
Our 3 children age 10 12 and 15 are European living in UK less than 2 years, all born abroad .So we cannot apply for their PR card just yet.
Just wondering if citizenship is granted Can we register the children as british using the MN1 form when they are living here for 3 years?
Until they reach the 3 years of residency they can still live in UK using their european passport or we should apply for ILR for them?

LilyLalilu
Senior Member
Posts: 698
Joined: Mon May 05, 2014 9:44 am

Re: British naturalized parents with children born abroad

Post by LilyLalilu » Sun Nov 20, 2016 7:33 pm

Children who were born abroad need settled status (PR) first, once they have this you can ask for registration at discretion of the Home Secretary using form MN1. Be mindful that once you are both British, you will not be able to act as their sponsor for the purpose of PR anymore as the UK would no longer consider you EEA nationals.

I know that one forum member has successfully registered their foreign-born EEA child without PR, however, according to law a registration at discretion requires settled status and I would not try a registration without it, as you could potentially lose the application fee x3.

The 15 year-old may not have enough time for registration so would probably need to naturalise in his/her own right at some point.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Angie77
Member
Posts: 141
Joined: Wed Jun 08, 2016 5:13 pm

Re: British naturalized parents with children born abroad

Post by Angie77 » Sun Nov 20, 2016 8:27 pm

should we apply for ILR for them once we are granted BC?

LilyLalilu
Senior Member
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Joined: Mon May 05, 2014 9:44 am

Re: British naturalized parents with children born abroad

Post by LilyLalilu » Sun Nov 20, 2016 9:11 pm

If they are here as EEA nationals (and not on a visa granted under the UK immigration rules), I believe it is Permanent Residence they need to attain for them to be considered settled. They will need 5 years residence as qualified persons to qualify for PR.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

vinny
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Re: British naturalized parents with children born abroad

Post by vinny » Sun Nov 20, 2016 11:50 pm

Once you are British, your children cannot rely on your EU citizenships to obtain PR. As LilyLalilu mentioned, they must be qualified persons on their own merits.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: British naturalized parents with children born abroad

Post by noajthan » Mon Nov 21, 2016 12:24 am

Angie77 wrote:My husband and I are applying for British citizenship. We both hold PR as european and non-european immigrant.
Our 3 children age 10 12 and 15 are European living in UK less than 2 years, all born abroad .So we cannot apply for their PR card just yet.
Just wondering if citizenship is granted Can we register the children as british using the MN1 form when they are living here for 3 years?
Until they reach the 3 years of residency they can still live in UK using their european passport or we should apply for ILR for them?
ILR is for those on UK domestic route.
PR relates to those on EU migration route.

You appear to be an EEA family on EU route.

Foreign-born minors need settled status (PR) before thinking about registering as citizens.
And note if you become British you can't sponsor your children anymore (in future) .

It will take 5 years in UK before they acquire PR status either in own right (if self sufficient with CSI) or as dependents (direct family members) by virtue of an EEA (not British) parent sponsor.
So it looks like they have 3+ years to go and one parent could have to hold off naturalising in order to remain as their sponsor.

Note: Registration applications need to be filed before age of 18.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Angie77
Member
Posts: 141
Joined: Wed Jun 08, 2016 5:13 pm

Re: British naturalized parents with children born abroad

Post by Angie77 » Mon Nov 21, 2016 10:10 am

So the best option is if one of us hold the BC Application?
I am worried if Brexit really happen and the European laws cease to have effect in UK within 2 years time. My children will be left with an uncertain future as they will not qualified for PR until UK leaves EU. I am even more worried about my 15 years old because as far I understand under UK laws over 18s are not considered direct dependents so it would be difficult for her to get a settled status under UK laws when she is over 18.
Any chance I can apply for ILR using the SET form for them to be considered as our dependents even though they are here as European?

LilyLalilu
Senior Member
Posts: 698
Joined: Mon May 05, 2014 9:44 am

Re: British naturalized parents with children born abroad

Post by LilyLalilu » Mon Nov 21, 2016 11:24 am

I don't think ILR would work as they are on the EEA route but wait for someone more knowledgeable about ILR to comment.

If both parents are adamant they want to become British Citizens now, the best way to ensure your children remain qualified persons in their own right is to purchase CSI for them and make them self-sufficient persons if the monthly cost of CSI is not a problem. And of course hope that this whole Brexit madness takes a little longer than the government intends so that your children have time to get their required 5 years together.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: British naturalized parents with children born abroad

Post by noajthan » Mon Nov 21, 2016 11:28 am

Children are not on UK domestic route with 'leave to remain'.
And if starting from zero ILR would take 5 years anyway. Not sure if they are able to access ILE and shortcut this.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Angie77
Member
Posts: 141
Joined: Wed Jun 08, 2016 5:13 pm

Re: British naturalized parents with children born abroad

Post by Angie77 » Fri Mar 31, 2017 12:07 pm

I have just received my British citizenship and my husband decided not to apply for BC with me in order to remain sponsor of our children.
However he seems to have had a change of mind and is considering to purchase comprehensive health insurance for the kids and make them self sufficient or students so they will qualify for residency in their own rights. Therefore he can apply for BC.
My question is:
1- Will the kids clock to PR be reset if their status change from dependent to qualified persons? Or it can be a mixture of status?
2-Will they really qualify as self sufficient even though in theory they are our dependents and financially supported by us?
3- As self sufficient persons are they entitled to free secondary school education in UK like they are now as our dependents?

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