Citizenship Query

[hsmp_immigrant]

Hi all,
I have a query regarding citizenship , I came to the UK on HSMP in Jun 2006, I got married in Dec 2006 and my wife came to the UK as dependent on April 2007. We were blessed with two kids in Feb 2008 and Dec 2009. I and my wife got FLR for HSMP in April 2008 and ILR in May 2010.

My whole family is now on ILR. I have following Questions

1) Am I right in thinking that since my kids were born in the UK , so they can apply for Citizenship with my application (one year after ILR , i.e. May 2011)?

2) Since my wife came as my HSMP dependent and she has ILR (after which she can apply for citizenship in one year). She can apply in same application as mine in May 2011? and she does not need to worry about completing five years to apply for citizenship?


Thanks in Advance.

[John]

Using your numbering :-

1. Not quite right, in the sense that now that you have your ILR, applications for Registration for the born-in-the-UK children as British can be made now. The applications will be under Section 1(3), which is an entitlement application ... no UKBA discretion involved. But if you want to wait until you apply for your Naturalisation, that is also OK.
2. No not right. Given she is not married to a British Citizen the 5-year rule applies to her, in the same way as it applies to you. For Naturalisation applications there is no "drag-along" ... she needs to pass the 5-year test in her own right.
   
   The round way this is for you to apply for your Naturalisation, then after you are a British Citizen, surprise surprise, your wife will be married to a British Citizen, so then a 3-year rule would apply to her. But yes, I do appreciate that there is a cost implication, compared to making a joint application.

[hsmp_immigrant]

Thanks John.

My wife will already be more than four years in the UK , by the time , we apply for citizenship and she would have already complete more than four years and since she already has ILR, would she still have to wait to complete five year?

There are two reasons why I am asking it again:

1) She already has ILR and after ILR it has to be one year wait.
2) Since we are on HSMP then I believe that my family will follow visa my status.

Are those two reasons correct?

[John]

Using your new numbering :-

1. You are confusing two separate rules. Currently she needs to comply with the 5-year rule, as she is not married to a British Citizen.
2. As I have already said, for Naturalisation applications there is no "drag-along", that is, the fact that you might pass a particular test is of no benefit to your wife.

[hsmp_immigrant]

Thank you very much for prompt response.