Couple in ILR but only wife wants to apply for citizenship

[sohogirl]

Hi all

I am a newbie here. Hope somebody can help me with my situation. I am currently residing with my toddler in the UK. I am employed full time and on ILR visa. My husband was working and living here till last month when he decided to go to India and start a business.

In May next year we will be eligible to apply for British citizenship by naturalisation. We are a bit unsure about the future and how to go about this so any advice would be much appreciated.

I would like to apply for british citizenship but my husband does not want to. Will I be eligible to apply for citizenship on my own? If yes will I have to include my daughter in the application? I would like to join my husband in India if his business kick starts and we feel there is a better scope there. However if things do pear shaped we would like to come back to the UK and get back to our day jobs. My questions are:

1. Can I apply for British citizenship on my own and my husband keeps his indian citizenship?

2. Can my daughter keep her indian citizenship? If yes when she joins school in India will she still have to pay an NRI fee even if I am residing in India with a british passport?

3. In future if we decide to come back to the UK, can my husband then later apply for naturalization if he chooses to even if he hasnt been residing in the UK?

Thanks for any help

[vinny]

1. Yes.
2. Yes, if she does not have British citizenship. However, consider Overseas Citizenship of India or Persons of Indian Origin (PIO) Card as alternatives to Indian citizenship.
Was she born in the UK? When was she born?
3. He would be subject to the returning residents and residency provisions for naturalisation.

[sohogirl]

Yes she was born in the UK in 2007 before we received ILR.
Would he be subject to returning residents rules even if the spouse is a british citizen?

Also could you please advise how long does it take to receive a POI card after application?

Thanks

[vinny]

Your child is now entitled to register for British citizenship under section 1(3).

Your husband is now subject to the returning residents provisions. However, if he stays away from the UK for longer than 2 years, then he may apply for a spouse visa before returning to settle in the UK.

[sohogirl]

Thanks Vinny,

Does that mean the child is entitled to register as british citizen if both parents choose not to become citizens..ie..remain in ILR status?

Also can the child register as british citizen before the parents complete 12 months in ILR?

[OFCHARITY]

The UK born child can apply for registration as a British citizen now on form MN1 regardless of whether the parents choose to Naturalise themselves