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Kids born before one of parents settlement

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Ryansue
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Posts: 2
Joined: Fri Dec 01, 2017 3:45 am
Fiji

Kids born before one of parents settlement

Post by Ryansue » Sun Dec 03, 2017 1:26 pm

Dear all. I need some advice.

I just granted Ilr last month. 2017

I have a four years old boy born in the uk 2013.

Due to some unforeseen reason. My wife she is a overstayer.

What’s the best option to regulrise my wife’s status?
I have know Ho already be aware she is a overstayer,

If I go along with my son’s citizenship application, will this possibly reject due to my wife’s status(overstayer)


Please help. Many many thanks

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Casa
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Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Kids born before one of parents settlement

Post by Casa » Sun Dec 03, 2017 2:04 pm

Ryansue wrote:
Sun Dec 03, 2017 1:26 pm
Dear all. I need some advice.

I just granted Ilr last month. 2017

I have a four years old boy born in the uk 2013.

Due to some unforeseen reason. My wife she is a overstayer. What 'unforseen reason' ?

What’s the best option to regulrise my wife’s status? FLR(FP) Partner route, but no guarantee it will be approved.
I have know Ho already be aware she is a overstayer,

If I go along with my son’s citizenship application, will this possibly reject due to my wife’s status(overstayer) Having a child registered as a British citizen doesn't give automatic rights to the parent without any legal status in the UK. It should however, strengthen the claim for FLR(FP).

The HO may consider that you would be able to settle as a family outside of the UK, especially as your child is still very young and could easily adapt, together with the fact that neither parents holds British citizenship.



Please help. Many many thanks
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ryanxue
Newly Registered
Posts: 14
Joined: Wed Jun 21, 2017 11:06 am

Re: Kids born before one of parents settlement

Post by Ryanxue » Sun Dec 03, 2017 2:38 pm

Thanks you for your reply!

Do you know anyone who have similar case that one of parent are settle, the other one overstayer,

Who apply their kids for citizenship and still successful?


Many thanks

malik0543
Member
Posts: 128
Joined: Thu Nov 27, 2014 2:48 pm

Re: Kids born before one of parents settlement

Post by malik0543 » Sun Dec 03, 2017 4:27 pm

HI

if your child born in the UK, you can apply for child registration as British Citizen.

It wont make any difference if your wife has no Legal Status.

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Casa
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Re: Kids born before one of parents settlement

Post by Casa » Sun Dec 03, 2017 4:57 pm

malik0543 wrote:
Sun Dec 03, 2017 4:27 pm
HI

if your child born in the UK, you can apply for child registration as British Citizen.

It wont make any difference if your wife has no Legal Status.
I believe Ryanxue may be asking if his wife's application will succeed if he can show his child's BC Registration is pending.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ryanxue
Newly Registered
Posts: 14
Joined: Wed Jun 21, 2017 11:06 am

Re: Kids born before one of parents settlement

Post by Ryanxue » Sun Dec 03, 2017 8:35 pm

Really appreciate for your guys reply!

Sorry for misleading!

I am going to apply my sons British citizenship first

I am worried my sons British citizenship application will reject because my wife don’t have legal status!

Home office have already Check wife she is a overstayer From kids birth certificate also mention in my previous Flr(o)application

My son born in uk before I settle!


What’s is possibly for my son to register as BC?




Please advice? Many thanks

malik0543
Member
Posts: 128
Joined: Thu Nov 27, 2014 2:48 pm

Re: Kids born before one of parents settlement

Post by malik0543 » Sun Dec 03, 2017 8:52 pm

HI Ryanxue

I think Child Application will not affect because of mother visa status.

One of my Sibling have same case like yours. He applied for child registration while his ex-wife was illegal in country.

However Casa & other respected members will provide better advice.

Ryanxue
Newly Registered
Posts: 14
Joined: Wed Jun 21, 2017 11:06 am

Re: Kids born before one of parents settlement

Post by Ryanxue » Sun Dec 03, 2017 9:01 pm

Thank you Malik0543!!

Anyone else who can help?

IcikePicike
Junior Member
Posts: 78
Joined: Sat Sep 02, 2017 8:39 pm
Hungary

Re: Kids born before one of parents settlement

Post by IcikePicike » Sun Dec 03, 2017 10:50 pm

Ryanxue wrote:
Sun Dec 03, 2017 9:01 pm
Thank you Malik0543!!

Anyone else who can help?
Hi, you can register him if he is under 18 (he is )and he was born before you received ILR
Only one parent needs to be settled


Your parent has become a British citizen or settled since your birth
You can register to become a British citizen if you fulfil all of the criteria:

you were born in the UK on or after 1 January 1983
you’re under 18 when you apply
one of your parents has become a British citizen or settled in the UK since you were born”

https://www.gov.uk/register-british-cit ... after-1983

Ryanxue
Newly Registered
Posts: 14
Joined: Wed Jun 21, 2017 11:06 am

Re: Kids born before one of parents settlement

Post by Ryanxue » Sun Dec 03, 2017 11:15 pm

Thanks,
I can see on the Mn1 form that HO require both parents detail.

So if i provided my wife’s personal details eg: DOB
Home address, will this pass into home enforcement team?

Thanks a lot

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CR001
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Re: Kids born before one of parents settlement

Post by CR001 » Mon Dec 04, 2017 10:38 am

You seem to be posting under two different usernames, one recently registered. This is not permitted.

member/Ryansue/

member/Ryanxue/

multiple usernames (clic)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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