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---------------------------jazbaati99 wrote:Hello
No your wife is not able to apply for naturalization with you in Aug 09. It does not matter how long she holds ILR for, if she does not fulfil the residence criteria. You options as I can see are
1) Wait for eight more months and apply together
2) Apply for yourself now and once you application is successfull immediately after that apply for your wife provided she was in UK exactly three years before the time of application.
Regards
---------------------------Emma84 wrote:HSMP, you needn't worry about proving that's she's been here three years. The HSMP and ILR stamps in her passport prove that, so she shouldn't need to send in any employer letters or the like.
I would advise that when you do apply, you use NCS (Nationality Checking Service) as they will make sure your application and documentation is all correct. You would have to pay for this, but it's well worth it!
You and your wife would use form AN, your child would use form MN1, so no your wife and son can't use one form with one fee, sorry about that.
Shortest route for citizenship for you would be to apply for yourself now and your wife and child as soon as you have citizenship. If you want to pay the joint fee for you and your wife, you can wait eight months till they meet the requirements.
But he can probably make a joint application for him and his child now, and then wife will apply in 8 months' time. So he would pay joint + single fee rather than single + single + single ... correct me if I am wrong ..Emma84 wrote:Shortest route for citizenship for you would be to apply for yourself now and your wife and child as soon as you have citizenship. If you want to pay the joint fee for you and your wife, you can wait eight months till they meet the requirements.
----------------------Sten wrote:But he can probably make a joint application for him and his child now, and then wife will apply in 8 months' time. So he would pay joint + single fee rather than single + single + single ... correct me if I am wrong ..Emma84 wrote:Shortest route for citizenship for you would be to apply for yourself now and your wife and child as soon as you have citizenship. If you want to pay the joint fee for you and your wife, you can wait eight months till they meet the requirements.
----------------------------Emma84 wrote:It is indeed in the guidance notes for form MN1 that residence requirements for a child under 18 is 3 years. So yes, you child can apply with you HSMP, but the way I understand it is that you still have to fill out seperate application forms for him and yourself and pay the seperate fees.
Can you specify which section tells about 3 year child residence requirement . Looks wrong to me as per British Act 1981 section 1 (3)Emma84 wrote:It is indeed in the guidance notes for form MN1 that residence requirements for a child under 18 is 3 years. So yes, you child can apply with you HSMP, but the way I understand it is that you still have to fill out seperate application forms for him and yourself and pay the seperate fees.
jazbaati99 wrote:I successfully registered my son when he was around 1 year old (after I got my citizenship) so I don't think three years residency requirement applies to the child.
Yes it 1(3)jazbaati99 wrote: If I am not mistaken, your son will be reigstered under section 3(1) (or was it 1(3)).
Not true . Its an entitlement of child not a discretion of secretery of state.jazbaati99 wrote:It is on discretion i.e. not automatic but the last guidance notes that I read states that discretion would normally be applied if one parent is British and other has a settled status.
No mother and child can not join their application as they have to pay seperate fees.jazbaati99 wrote: I am not sure if there are any fees savings by applying together as it would be a separate application and separate fees? but not too sure.
I would recommend that you apply for yourself first and after your successful application apply for your wife and son together.
Regards
---------------------------------------jazbaati99 wrote:HSMP where was your child born? If the child was born outside the UK it would be a 3(1) application and that is a discretion. If birth is in UK to parents who are now settled it would be 1(3) and that is an entitlement. In my case, my son was born in Pakistan so the application was under 3(1).
Moreover by together I meant apply at the same time but ofcourse separate applications and separate fees.
Thanks for the clarifications.