can anybody answer this?

[sohail akhter]

If an HSMP gets visa of all his kids and spouse, and one of the kids aged 5 years doesn't go to UK and remains in his home country with his grandparents. What will be the status of the kid once his parents get UK nationality??

[Kayalami]

From an immigration perspective any child not included in the parents application for naturalisation as a dependent does not acquire British Citizenship. He/she will retain their current nationality. There is a window of opportunity to register the child as a British Citizen further down the line but an application must be made. I would expect the process to involve extensive consideration as to the genuineness of the relationship....I am not saying that it is the case here but often applications will be made in said circumstances where a child suddenly appears and is claimed to be the British Citizen's dependent.

[sohail akhter]

Thanks Kayalami

I write once again for ur understanding.


Main HSMP applicant is in UK.
He has a wife and 4 kids.
HSMP visa holder applies for visas of entire family.
All 4 kids and wife get visas.
Three kids and wife go to UK but one of the kids doesn't travel to UK at all and remains with the grandparents of the HSMP visa holder.

The question is what will be the status of that child when all of the family would have got ILR or British nationality? Will that child have any prvilage at that time?


Thanks

[Chess]

No 'UK priviledges' until Child is registered as British

[John]

After a parent has ILR, indeed has had ILR for at least a year, that person can apply for Naturalisation as British, and can include their UK-resident children on the application form, and then when the parent is granted Naturalisation as British the children entered upon the application form will be Registered as British at the same time.

Which leaves the overseas-resident child. Assuming the child is still under 13 at that time, there is no minimum length of time that the child needs to be in the UK before being Registered as British as described above. So if we are talking of say six years time, when the child is 11, if after the parents have their ILR, an application is made overseas for the child, for a Child Settlement visa, and then the child is in the UK for just a few months before the the Citizenship applications are made, it will be possible to include that child on the applications form and get the child Registered as British along with all their siblings.

If the child is 13 or more when the Citizenship applications are being made, the child needs to be in the UK for at least two years before being Registered.

Can I ask about the thinking here? Why is it contemplated leaving the 5yo with Grandparents? Is it a language concern? If that is the reason then don't worry! My own step-daughter came to the UK aged 6 speaking very little English. Now, five years later, she obtained Level 5 in her English SATS tests at school, above the average for 11 year olds. In other words children pick up language far quicker than adults!

[sohail akhter]

Thanks John for your complete satisfied answer. The reason for leaving the kid is because the grandparents are very much affiliated and attached with the grandson and they will feel loneliness when all the family of their son will be in UK for such a long period.

With regards

[John]

sohail akhter, a difficult family problem! There are clear advantages and disadvantages whatever is done.

However separating a 5yo child from their parents seems a very drastic step to take, however much the grandparents will feel lonely. And that is not even taking into account the effect of the separation on all the siblings.

But totally up to you and your family. At least you will make your decisions with knowledge of the impact upon getting the child Registered as a British Citizen in a few years time.