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Thats section 1(3). OP mentioned Section 3(1) so most likely the child is born abroad.
Just to add that you don't automatically become a citizen the day you qualify. You become a citizen after your application has been approved and you have attended the ceremony. So in practice, the gap will be much more than 22 days.mabilla1 wrote: ↑Thu Oct 24, 2019 12:15 amDear all. Apologies if the subject exists already, i searched but could not find my exact situation.
Myself, my wife and 3 children had 6 years Tier 2 visas since 2013 (wife and children were my dependants). When it was 5 years (November 2018), I applied for ILR for just me and my wife and left my children on Tier 2 due to financial constraints. My children's Tier 2 dependant visas will now expire on 1st November 2019 while myself and my wife are due to apply for citizenship on 23 November 2019. This means i have to make new applications for my children just 3 weeks (22 days) before me and my wife will become citizens. I recently became aware that i can skip the ILR route for my children by registering them directly as citizens under section 3(1) of the nationality act 81. Can I still register my children as citizens under this section 3(1) even though me and my wife are yet to become citizens (22 days gap)? Or what is the best way to go about my children's applications please. Your advise and guidance will be much appreciated please.
That's correct, many thanks. I meant to say me and my wife are due to apply for citizenship 22 days after my children's visa will expire. So you are very correct that the gap will be 22 days + XDjsuccess wrote: ↑Thu Oct 24, 2019 3:20 amJust to add that you don't automatically become a citizen the day you qualify. You become a citizen after your application has been approved and you have attended the ceremony. So in practice, the gap will be much more than 22 days.mabilla1 wrote: ↑Thu Oct 24, 2019 12:15 amDear all. Apologies if the subject exists already, i searched but could not find my exact situation.
Myself, my wife and 3 children had 6 years Tier 2 visas since 2013 (wife and children were my dependants). When it was 5 years (November 2018), I applied for ILR for just me and my wife and left my children on Tier 2 due to financial constraints. My children's Tier 2 dependant visas will now expire on 1st November 2019 while myself and my wife are due to apply for citizenship on 23 November 2019. This means i have to make new applications for my children just 3 weeks (22 days) before me and my wife will become citizens. I recently became aware that i can skip the ILR route for my children by registering them directly as citizens under section 3(1) of the nationality act 81. Can I still register my children as citizens under this section 3(1) even though me and my wife are yet to become citizens (22 days gap)? Or what is the best way to go about my children's applications please. Your advise and guidance will be much appreciated please.
I am very certain that you can register your children born abroad as citizens directly without ILR route under section 3(1) sir. 100%. My only fear is that there is a gap in my own case, as neither me nor my wife will be citizen just yet when my children's visa get expired. If for example me and my wife become citizens before our children's visas expire, then i am sure we can apply citizenship under section 3(1) for them.CR001 wrote: ↑Thu Oct 24, 2019 9:42 amThey ALL need to have ILR first before they can apply for citizenship when either parent does or once parent(s) are already British.
There is NO exemption from ILR for your children.
For citizenship, they will ALL be subject to the Good Character requirement as they are over the age of 10, so very important that you do not let their visas expire and they become overstayers.
Whoever told you that they don't need ILR did not understand the difference in citizenship routes between UK born and non UK born children.
Not many have had success with this and those that do, it is usually very small children usually under the age of 5 who also already have a British sibling and both parents are applying or are already British. Your children are closer to being adults than small children.mabilla1 wrote: ↑Thu Oct 24, 2019 9:52 amI am very certain that you can register your children born abroad as citizens directly without ILR route under section 3(1) sir. 100%. My only fear is that there is a gap in my own case, as neither me nor my wife will be citizen just yet when my children's visa get expired. If for example me and my wife become citizens before our children's visas expire, then i am sure we can apply citizenship under section 3(1) for them.CR001 wrote: ↑Thu Oct 24, 2019 9:42 amThey ALL need to have ILR first before they can apply for citizenship when either parent does or once parent(s) are already British.
There is NO exemption from ILR for your children.
For citizenship, they will ALL be subject to the Good Character requirement as they are over the age of 10, so very important that you do not let their visas expire and they become overstayers.
Whoever told you that they don't need ILR did not understand the difference in citizenship routes between UK born and non UK born children.
Please see pages 27 and 28 in the below document:
https://assets.publishing.service.gov.u ... 4.0ext.pdf
Also read Page 30 of the same document.mabilla1 wrote: ↑Thu Oct 24, 2019 9:52 amI am very certain that you can register your children born abroad as citizens directly without ILR route under section 3(1) sir. 100%. My only fear is that there is a gap in my own case, as neither me nor my wife will be citizen just yet when my children's visa get expired. If for example me and my wife become citizens before our children's visas expire, then i am sure we can apply citizenship under section 3(1) for them.
Please see pages 27 and 28 in the below document:
https://assets.publishing.service.gov.u ... 4.0ext.pdf
There do not seem to be strong compelling compassionate reasons in your case.As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so.
It might have worked for you. But the OP has an extra concern, which is that the children's current visa would have expired and probably become overstayers by the time he applies for naturalisation. To fulfil the continuous legal stay for the children, the OP will need to apply for ILR for them.