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Did you apply for your first child (born in India) for naturalisation or registeration?bpb51 wrote:Hello Mr lookforward,
Thank you veruy much for answering me. I am confused, Now the application went in as a family application, where in i am applying for citizenship along with my kids.
Leaving out 2nd child's eligibility aside, myself and my daughter are applying together for Naturalization as we both have ILR and lived in the UK since 6 years. So how come she is not eligible?
As you mentioned, she never became eligible, she should now be eligible to get Approval along with my application , if i am getting approval right?
Or Am I missing something?
Please kindly clarify me? My friend in similar case with one son (indian born) and herself applied for Naturalization, where as her hubby is on HSMP still. she and her son both got approval letters and BC passport without any problems.
Thanks again for your consideration to answer me.
I applied for her naturalization as a dependant, so submitted the MN1 form. she had her indian passport and dependant visa since 2005 and lived in UK since then and got ILR along with me.
Did you apply for your first child (born in India) for naturalisation or registeration?
sushdmehta wrote:Minors do not apply for naturalisation, but for registration. Adults apply for naturalisation.
If you applied only for registration of minors as British citizen, then the decision to refuse your India-born child's registration application is correct,
However, if an adult parent applied for naturalisation along with registration of the minors and the naturalisation application (of adult) was successful, then it seems that UKBA did not exercise discretion in your child's favour because of your husband's current immigration status as a Tier 1 (General) migrant (temporary leave to remain with no certainty in obtaining settlement e.g. - possibility of not meeting required points for settlement, possibility of unspent conviction(s), etc.).
bpb.bpb51 wrote:Hi
My situation is tensed and would be greatful if someone can advise me on the situation.
I applied for my Naturalization application on August 11th through NCS.
My case is as follows:
1. I have ILR , 2 kids have ILR along with me ( one child 7 years born in India, another 1 year born in UK), both kids took ILR along with me.
2. My hubby chnaged to HSMP ater being my dependant for 1 year, so He is currentlyon his Tier1.
3. I applied or Citizenship for myself and 2 kids.
They sent letter today 22nd Sep, saying that they are refusing my first child's registration. The explanation is as follows:
""""""""""""
A Minor will not be registered if, as appers in this case, one of their parent is not 'settled' in the UK as defined by the immigration laws. A European Economic Area national is not 'settled' in the UK until he has either been granted ILR or acquired PR under European law, neither of which is soat present. So application for the minor is rejected.
""""""""""""""
We are from India, not EEA national, and are confused with the letter they sent. Before I call them tomorrow morning, I wanted to check the expertsand seniors here which gives me help.
Please help me .....advise me in the situation.
Yes ur case is similar to mine... another friend of mine applied the same way, she and her son both got the BC.goody09 wrote:I and my son were granted the citizenship few month ago, my son was born out of Uk and my wife still has not got the ILR yet, hope this will help
Hi Goodygoody09 wrote:I and my son were granted the citizenship few month ago, my son was born out of Uk and my wife still has not got the ILR yet, hope this will help
Hi SushdMehtasushdmehta wrote:The result might have been different had you requested in a covering letter that your naturalisation application be decided on before the registration application of your India-born child is assessed.
With neither parent granted British citizenship, the law does not allow registration of a overseas-born minor as a British citizen (by discretion).