Clarification for applying under Section 3(1) for Child

[grovern]

Hi All,

Can someone please help me clarify the current rules for naturalisation of children. My son was born outside UK. All 3 of us (me, my wife & son) have got ILR recently. I guess as per normal process we should be eligible for Naturalisation in one year. I want to clarify what will happen if my wife & son go back to India for most of next one year.

Under section 3 (1) it says:
[quote]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 citizenshipâ€

[Backer]

Being abroad for most of the the last qualifying year will certainly affect your wife's application for naturalization as Adult application's stand on their owm merit. She will probably be refused.

Regarding your son, I think the rules are less clear. I think your wife's situation (if she is refused) will not help him but this is just a guess. Some other members may be able to help on that.

[grovern]

What if I do not even apply for my wife and ask for my son's citizenship under the category that I will have BC and my wife will be settled.

[John]

grovern, rather relevant, how old is your son?

[grovern]

He will be 8.5 when I apply for BC.

[John]

As he will be less than 13, there is no particular residence requirement for him when the application for Child Registration is made. So OK for that application on form MN1 to be made, at the same time as you apply for Naturalisation using form AN.

Which just leaves your wife who will clearly have a problem given that if she applies at the same time as you will clearly have exceeded 90 days outside the UK in the last year up to the application date .... based upon what you have posted. Especially if the day count in the last year is noticeably over 90, that application would probably be refused.

[grovern]

Thanks. I think for my wife it is fine in short term.

Just one last thing to confirm, as per what you described this is valid under section 3 (1). I am guessing it is mandatory he is living in UK when application is made.

[John]

Yes, for a section 3(1) application the child really does need to be living in the UK.

Your wife, I presume you mean that she will wait. Once she has been back in the UK for 9 months, it is will be worth checking whether she is then eligible to apply.

[grovern]

Thank you. It really helps.

[MUGHALL]

Hi John & other respected members
I am also applying for naturalisation alongwith my three kids in January 2011. All three kids have been granted ILR on 12th Dec 2009. They are aged 14.5, 12 & 8 years old respectively.

Base on your earlier reply, it is ok for two kids aged under 13 for applying under section, but what are residence requirement for kid over 13 years of age. FYI all three kids are going to complete 2 years of UK residence in January next year.

Best Regards
Mughal

[John]

what are residence requirement for kid over 13 years of age

They need to have lived in the UK for a minimum of 2 years. So based upon what you have posted even the 14.5 yo child can make an application, along with their younger siblings.

[gsumanth]

Hi All,

I have a similar case. As this thread was sometime back, want to know if the rules are still valid.

My wife and I received our ILR in Nov 12. My wife is away in India for delivery of our child.

I will be eligible for citizenship in Nov 2013. And my wife to meet the residence requirements will be eligible a year later, in Nov 2014.

Please let me know if my son (delivery expected May 2013) can apply for citizenship in Nov 2014. The residence requirement for a child born outside of UK is of 3 years which means we will have to wait till 2016. I saw that there is sec 3(1) exemption, but this is at the discretion of the Home Office so not sure how easy it is use this.

Any help much appreciated.

thanks,
Sumanth

[John]

Please let me know if my son (delivery expected May 2013) can apply for citizenship in Nov 2014.

Yes

The residence requirement for a child born outside of UK is of 3 years which means we will have to wait till 2016.

Not true. Not sure why you think that is a requirement. For a child aged 13-17 there is a 2-year requirement, but for a child aged 0-12, there is no particular residence requirement.

[Jambo]

The residence requirement for a child born outside of UK is of 3 years which means we will have to wait till 2016. I saw that there is sec 3(1) exemption, but this is at the discretion of the Home Office so not sure how easy it is use this.

The 3 years requirement is for children born abroad and that at the time of their birth, one parent was British citizen by decent (i.e. could not pass BC to his children born abroad). Your case is different as you will only become British (other than by decent) after your child birth. The only relevant section your child can apply by is section 3(1) which doesn't have residence requirement (although the child is expected to live in the UK and to hold ILR).

[gsumanth]

Many thanks John/Jumbo for the quick response and its also favourable to me.

Jumbo, I got confused with section 3(5) which as you pointed out is not applicable to me.

Regards,
Sumanth