BC - Apply together or Separately

[jimmyss04]

Hi All,

I am planning to apply for British Citizenship for myself ad my children (under 12), we are all EEA citizens and we have PR. Wondering what is better:

1. Apply for my own citizenship and once approved apply for my children
2. Apply all together
3. Doesn't matter

I am asking this to understand the risk of losing the fee, if we apply all together and my application is refused will all the applications be refused too?

Thanks!

[dontringthebell]

3. Doesn't matter

Each application is considered on its own merit. Your children would have to be registered and yourself naturalised

[jimmyss04]

So the requirement of one of the parents to be british or apply at the same time as the children isn't it to make sure that one of the parent is British before the children are considered under section 3(1)?

Thanks!

[dontringthebell]

Since all of you are applying for citizenship I assumed you, i.e. father is atleast settled in UK and your children were born here, hence you can register your minor children as citizens. Minor children are registered and adults are naturalised. If not so you apply first and then for children

Minor children can be registered as citizen if parent is settled in the UK at the time of application.

[jimmyss04]

Thanks for your reply, but children were born abroad, and yes we all have Permanent Residence, and yes I will be applying for citizenship..

So basically I will have to apply for home office discretion (section 3(1))for my children, and that is why I am a bit concerned. My concern is that I would like apply together with them, but not sure if their application will be refused if mine is refused, hence the question.

Any ideas?

Thanks!

[Hstepper07]

Your kids application will not necessarily be refused because your application was refused.
You have settled status and that's what your kids require if they were born here. In your case, you have other requirements to meet to have a successful application that your kids are not required to meet.

[dontringthebell]

Well with the given conditions I believe you should apply first and then apply for children, not because you might be refused, because that is the only option.

Why do you think you would be refused or they will have to use discretion, if there is some concern let us know and we can try to help.

[jimmyss04]

Your kids application will not necessarily be refused because your application was refused.
You have settled status and that's what your kids require if they were born here. In your case, you have other requirements to meet to have a successful application that your kids are not required to meet.

Kids were born abroad, NOT in the UK.

Well with the given conditions I believe you should apply first and then apply for children, not because you might be refused, because that is the only option.

Why do you think you would be refused or they will have to use discretion, if there is some concern let us know and we can try to help.

What do you mean by it is the only option? I don't think it will be refused, but there is always a chance for it, so trying to understand what would happen in the event of a refusal of my application. Discretion will have to be used for my children as they were NOT born in the UK to none British parents.

Thanks again

[dontringthebell]

You can only apply for citizenship for children after yourself. You can't claim descretion, it's caseworkers pererogative.

[jimmyss04]

You can only apply for citizenship for children after yourself. You can't claim descretion, it's caseworkers pererogative.

Probably I am missunderstanding it, but according to the FAQ.
british-citizenship/citizenship-faqs-co ... 95747.html

Children

Eligibility

Q1: Can my son apply for naturalisation?

The term used for children applications as BC is Registration and not Naturalisation. The requirements for children are a lot simpler than for adults.

UK born

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.

born abroad

If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17.

british-citizenship/mn1-section-3-1-app ... 24930.html

and here according to @secret.simon
british-citizenship/mn1-for-eea-child-b ... 48831.html

[Hstepper07]

Your kids application will not necessarily be refused because your application was refused.
You have settled status and that's what your kids require if they were born here. In your case, you have other requirements to meet to have a successful application that your kids are not required to meet.

Kids were born abroad, NOT in the UK.

You all have PR and there is no need for discretion. You can all apply together and your application refusal will not lead to an automatic refusal of your kids application. Each application will be considered on a case by case basis.

[jimmyss04]

Thanks both for the replies, but now I am more confused than before...

Your kids application will not necessarily be refused because your application was refused.
You have settled status and that's what your kids require if they were born here. In your case, you have other requirements to meet to have a successful application that your kids are not required to meet.

Kids were born abroad, NOT in the UK.

You all have PR and there is no need for discretion. You can all apply together and your application refusal will not lead to an automatic refusal of your kids application. Each application will be considered on a case by case basis.

We all have PR, but kids are under 12 son they would have to be registered, instead of naturalized, so under which section on the British Act they can be registered? I thought under 3(1) (Home office discretion), but now after your response it is not clear, please could you clarify?

Thanks!

[jimmyss04]

Please can someone help clarify if my understanding that I have to register my children under section 3(1) as they were born abroad is correct or not?

Sorry but previous comments have confused me and now not sure if my understanding is correct.

Thanks!

[CR001]

Please can someone help clarify if my understanding that I have to register my children under section 3(1) as they were born abroad is correct or not?

Yes it is correct!!

[dontringthebell]

I qoute from MN1 Guide for your convenience

"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."

Yes you can apply together, however, there is no clear answer to the question you first asked whether they will apply discretion or not coupled with your fear of loosing money. To ensure your children's application is not refused and you don't loose money I suggested you apply first so as to satisfy the conditions beforehand and make further children's applications on that basis.

Also, second parent must be settled atleast.

It is further outlined

"Any other child born to British or non-British parents It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide. However, in considering any application not specifically covered above consideration will be given to:
 the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
 where the child’s future is likely to lie  the parents’ views
 the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK  whether the child is of good character
 the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
 any compelling circumstances The way that discretion may be exercised is described in the Nationality Staff Instructions available for viewing on the Gov.uk website. These guidance documents used by trained nationality caseworkers and do not constitute a definitive set of criteria for registration. They must be taken as a whole. The fact that children may satisfy certain criteria does not mean they will be registered if there are other criteria that they do not satisfy. "

Hence discretion is very wide pertaining to their interpretation of child's future life in UK.

Hope this gives some clarity.

[jimmyss04]

thanks a lot for the help and clarification!