When can we apply for citizenship for child?

[craig_m67]

Hi

My Aust'n partner (unmarried) and our daughter have just been granted ILR after 2 years.

I understand my partner is entitled to apply for citizenship after 5yrs residency but I'm unclear about when we can apply for citizenship for our daughter. Your advice would be much appreciated.

[John]

When you say "our daughter", you are the biological parent of the child? And your nationality, is that British, or if not, what is your nationality?

And sorry, it is not clear from your post, are you the child's mother or father? (I'm not going to assume that the "craig" in your username means you are the father.)

And how old is the child? If born specifically in 2006, please say what month in that year.

Finally, where was the child born? In the UK, or elsewhere?

[craig_m67]

Hi John,

Sorry for any confusion, my partner posted under my name.

Our daughter was born in Australia in 2004. She has today (along with her biological mother, my partner) recv. ILR after two years residence in the UK on a spouse visa that I sponsored. I am a British citizen by descent. Her mother is Australian (now with ILR).

We've been in the UK two years.
We're not married, although have successfully proved twice now 2+2yrs (visa then ILR) as cohabiting as married partners.

I want to confirm if we can register her for naturalisation (citizenship then passport) on form MN1 now, or if we have to wait another year (making three years residency) as I'm ‘only’ British by descent.

And while I have your attention, does my (unmarried opposite sex) partner/spouse have to wait five years – or can she apply after three like married and civil partnered types.

Cheers

[JAJ]

We've been in the UK two years.
We're not married, although have successfully proved twice now 2+2yrs (visa then ILR) as cohabiting as married partners.

I want to confirm if we can register her for naturalisation (citizenship then passport) on form MN1 now, or if we have to wait another year (making three years residency) as I'm ‘only’ British by descent.

As she has ILR and is living in the U.K. I see no reason why she couldn't be registered under section 3(1) of the Act now.

However - is there any plan to get married? (the answer is important).

And while I have your attention, does my (unmarried opposite gender) partner/spouse have to wait five years – or can she apply after three like married and civil partnered types.

Five years.

[craig_m67]

Hi JAJ, thanks for the reply.

Why is this important ??


I don't think we can use Section 3(1) as this is for children whose parents are applying for British Citizenship. Her mother will not be able to apply for BC for another three years (unless we marry).

So I'm left with section 3(2) or 3(5). Will it make any difference (to her application) that i'm BC by descent??

We have no immediate plan to marry. However, we're not against the idea as it would mean freedom to settle in the EU or return to Aust. if required (older parents, family etc) without losing ILR.

Why do you ask, does this have an impact on my daughters BC ??

[JAJ]

I don't think we can use Section 3(1) as this is for children whose parents are applying for British Citizenship.

Section 3(1) is for a whole variety of cases, not just the one you mention. As a general rule, if a child is eligible for British citizenship except for father not being married to the mother, then child can normally be registered under section 3(1).

Her mother will not be able to apply for BC for another three years (unless we marry).

Obviously it should never be the sole reason to get married, but if you are committed to a shared life together, maybe there's no better time than now to make it official?

So I'm left with section 3(2) or 3(5). Will it make any difference (to her application) that i'm BC by descent??

We have no immediate plan to marry. However, we're not against the idea as it would mean freedom to settle in the EU or return to Aust. if required (older parents, family etc) without losing ILR.

Why do you ask, does this have an impact on my daughters BC ??

I don't know where you get the idea thaty being married would help your partner keep her ILR. There is really only one safe way to keep open options to return to the U.K. and that is for her to become a British citizen.

Section 3(5) won't work for your daughter until you get married. And section 3(2) is not possible in the circumstances (for starters, she is too old).

As for your daughter, the options are:

1. Marry in the near future. Then at the 3 year residence mark, register your daughter under section 3(5). Daughter is unambiguously British otherwise than by descent.

2. Never marry. In that case you could register daughter under section 3(1) of the Act, and daughter would be British "otherwise than by descent."

3. Get married in the distant future. In that case, daughter could be British under section 3(1) but there is then a grey area as to whether she is British by descent or not. (trust me on this - two clauses in the Act saying the opposite thing).