British Citizenship for Children Born Overseas

[chandu2004]

Hi,

My daughter was born in New Zealand in 2006. We came to UK in 2008 and am planning to send my kid to study in india this year which is september 2011 and she will study in India only and she wont come to UK.My question is, when we receive our citizenship in say June 2014, does my kid, who is still in india need to show residency requirements to gain citizenship or what is the procedure for her to gain citizenship after we acquire british citizenship in June 2014.

How can I apply for Citizenship for my daughter after we get British Citizenship in June 2014.

Please help me as I can't find a clear answer on the internet and my decision to send my child to india for study, will be based on this.

Thanks for all your help

Regards

Chandu

[chandu2004]

Hi all,

Can please moderators reply to this email. Please Thanks very much.

Regards

Chandu

[vinny]

It will be Subject to discretion (3(1)).

I think that she may need to be in the UK to apply (9.17.5).

[chandu2004]

Hi Vinny,

Thanks very much for the reply. Which means, I cannot send my kids to India for study, If we are planning to apply for my kids British passport after we get our british passport.

Regards

Chandu

[chandu2004]

Can anyone please confirm as some are saying kids won't need to meet residency requirement?

Please Please

Thanks in advance

[Greenie]

Read the Nationality casework instructions particularly chapter 9.17 from page 39

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[chandu2004]

Hi Greenie,

Thanks very much for the link. I read it and read it, still I can't really understand the terminology as it is very confusing. If you don't mind, can you please tell me, whether my daughter will be eligible as I am totally confused. Thanks for all the senior members, who helped me.

Regards

Chandu

[geriatrix]

Under current rules:
1. AFAIK, under normal circumstances there are no residential requirements for children under 13 (in context of citizenship application).
2. Children born abroad may apply for citizenship under section 3(1) subject to discretion (click on links provided by vinny).
3. Such application cannot be made before either parent is applying for naturalisation (or has been granted British citizenship).
4. As mentioned by vinny, the application may only be made in-country.
5. Use form MN1.

Minors do not apply for naturalisation, but for registration as British citizen.


regards

[Greenie]

In addition to sushdmehta's comments you should also keep in mind what is says at 9.17.2

Future intentions
9.17.2 The most important criterion is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established
- 40 -
way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here.
9.17.3 If there is any information to make us doubt that the child's future lies here, for example:
•
the child, or one or both parents, has recently left the country for a period of more than six months
•
the child is about to leave the United Kingdom
•
one or both parents is resident abroad,
we should write to clear up the point. If our doubts are serious, and we are still not satisfied this criterion is met, the application should be refused.

[chandu2004]

Hi all,

Thanks everyone for all your wonderful input. Very much appreciated.

Thanks moderators for answering my queries.

Thanks

Chandu

[Christophe]

Hi Vinny,

Thanks very much for the reply. Which means, I cannot send my kids to India for study, If we are planning to apply for my kids British passport after we get our british passport.

Regards

Chandu

Just to clarify: I think what Vinny meant was that she'll need to be physically in the UK at the time of the application, not that she can't study abroad.

[chandu2004]

Excellent. So probably in the last year of our ILR, if my kid stays with us in UK and apply for british passport, she should be fine. do I apply for her naturalisation with us or does she needs to be registered as british citizen?

[geriatrix]

Minors do not apply for naturalisation, but for registration as British citizen.

regards

[chandu2004]

Thanks for the wonderful responses. I know am asking too many questions, if anyone don't mind , please can someone send me the link for the form for registration for applying British citizenship children and also link for the guide would be helpful.please please please. There are too many forms on the site, which is confusing.

Thanks all, please please send me the links

[geriatrix]

Click on the links already provided in response(s) above.


regards

[chandu2004]

Thanks everyone for all your replies. Very very appreciated.

Thanks once again moderators.

[Babajee85]

Thanks everyone for all your replies. Very very appreciated.

Thanks once again moderators.

Can i ask few questions about the Chandu Case:

does your child has to apply for registration again As British after reaching the age of 18. ?

If your child get the British passport and went back to India,can the child come back at the age of 19 back in UK or He has to re-apply for registration as British Citizen.

Please can someone clear the above points.


Thanks

[Jambo]

Thanks everyone for all your replies. Very very appreciated.

Thanks once again moderators.

Can i ask few questions about the Chandu Case:

does your child has to apply for registration again As British after reaching the age of 18. ?

If your child get the British passport and went back to India,can the child come back at the age of 19 back in UK or He has to re-apply for registration as British Citizen.

Please can someone clear the above points.


Thanks

Once a child registers, he becomes BC for life. There is no need to do anything once he reaches 18.

[Babajee85]

Thanks everyone for all your replies. Very very appreciated.

Thanks once again moderators.

Can i ask few questions about the Chandu Case:

does your child has to apply for registration again As British after reaching the age of 18. ?

If your child get the British passport and went back to India,can the child come back at the age of 19 back in UK or He has to re-apply for registration as British Citizen.

Please can someone clear the above points.


Thanks

Once a child registers, he becomes BC for life. There is no need to do anything once he reaches 18.

Thanks Jambo for your reply.Please can you clarify few more points.

Me and my daughter both are on ILR. I will due to apply for naturalization in December 2013 .Please can you advise

should my daughter apply using form MN1 form after i get my naturalization OR

should we apply together as Family application.

Please advise.

Thanks

[Jambo]

Me and my daughter both are on ILR. I will due to apply for naturalization in December 2013 .Please can you advise

should my daughter apply using form MN1 form after i get my naturalization OR

should we apply together as Family application.

Please advise.

Thanks

See Q1 in Citizenship FAQs - Common Questions - Read before posting - children.

She can either apply at the same time you do (the outcome of her application would depends on the outcome of our) or apply later.

[Babajee85]

Me and my daughter both are on ILR. I will due to apply for naturalization in December 2013 .Please can you advise

should my daughter apply using form MN1 form after i get my naturalization OR

should we apply together as Family application.

Please advise.

Thanks

See Q1 in Citizenship FAQs - Common Questions - Read before posting - children.

She can either apply at the same time you do (the outcome of her application would depends on the outcome of our) or apply later.

Thanks for your swift reply.
once i will apply for for My naturalization and my daughter for registration, by that time My wife will be still on Tier 1 Dependent visa.Her two years in uk will complete in June 2014.But i will due to apply in December 2013.So should i wait for my wife to get ILR first OR should we(me and my daughter) go ahead with our applications.

Please note my son has already British passport who born here in UK.

Thanks

[Jambo]

Me and my daughter both are on ILR. I will due to apply for naturalization in December 2013 .Please can you advise

should my daughter apply using form MN1 form after i get my naturalization OR

should we apply together as Family application.

Please advise.

Thanks

See Q1 in Citizenship FAQs - Common Questions - Read before posting - children.

She can either apply at the same time you do (the outcome of her application would depends on the outcome of our) or apply later.

Thanks for your swift reply.
once i will apply for for My naturalization and my daughter for registration, by that time My wife will be still on Tier 1 Dependent visa.Her two years in uk will complete in June 2014.But i will due to apply in December 2013.So should i wait for my wife to get ILR first OR should we(me and my daughter) go ahead with our applications.

Please note my son has already British passport who born here in UK.

Thanks

Was she born in the UK or abroad? If abroad, it would be better to wait with the registration application until your wife has ILR as well.

[neo]

Me and my daughter both are on ILR. I will due to apply for naturalization in December 2013 .Please can you advise

should my daughter apply using form MN1 form after i get my naturalization OR

should we apply together as Family application.

Please advise.

Thanks

See Q1 in Citizenship FAQs - Common Questions - Read before posting - children.

She can either apply at the same time you do (the outcome of her application would depends on the outcome of our) or apply later.

Dear Jambo, I just come across this answer which I'm interested in. How big is the chance if Babajee85's daughter register later on her own? This is relate to my 6-year old daughter's situation which will be similar. Both my wife and I got BC through naturalization(my wife last year and I this year) however our daughter was unfortunately rejected for registration together with my application because she was temporarily abroad(actually returned soon with just 6months gap) when I was applying. The current situation is both parents are BC however daughter is still ILR. We all live in UK and will be in the future. Can I simply register daughter again (just half year after the rejection) when both parents already BC naturalized? I'm worried about this because the MN1 guidance only says "children born abroad to parents who are applying for BC" not "children born abroad to parents who have successfully naturalized BC". It looks like lower chance to register if child is applying on their own. Is it the case? Many thanks.

[Jambo]

Child can register the same time as parents or later.

How old is the child? You might want to wait a bit longer just to increase the chances of approval.

[neo]

Thanks Jambo for the reply. She is just 6 and has been living in UK since 3. She was just away for half year because we were refurbishing the hundred-year-old house. shame we overlooked this abroad issue.
Just wondering why the guidance specifically lists the children's registration with parents but doesn't say applying on their own.Thanks indeed.