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Naturalisation Queries for CHild Born outside UK and the dat

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ramdesh
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Posts: 17
Joined: Tue Dec 13, 2011 6:20 pm

Naturalisation Queries for CHild Born outside UK and the dat

Post by ramdesh » Sun Jan 22, 2012 7:30 pm

My Background: Got ILR on 19 Jan 2012 for myself, My Wife and Son (who was born in India on Feb 2009, entered the UK in April 2009), on WP and Tier 1 (G) Basis.
Issue 1:- By the time I apply for Naturalisation next year after 19 Jan 2013, me and my will be in the UK for Minimum 5 years, which is the requirement for the application, but my son would only here for less than 4 years. So, how should I apply him for Naturalisation and when? Should I use MN1 form? If yes, then what should I fill in the form for 1.1.
Issue 2:- According to UKBA, the following is said
The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005
On this condition me and my wife went to India on 15 Jan 2008 i.e. exactly 5 years back from 19 Jan 2013 when we would apply for Naturalisation. I was back on 15 Feb 2008 and my wife was back on 03 May 2008. So to adhere to the above paragraph, I could apply after 15 Feb 2013 and my wife 03 May 2013. But there is discretion it says
“If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if: the time restriction was in place for less than 10 days at the beginning of the 12-month period;”
On the above basis if we apply between 09 Jan 2013 and 15 Jan 2013 would it be ok?
Also, if we apply through NCS on a day would it be considered the application day or the day when they send to UKBA?

Help would be appreciated.
Thanks

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sun Jan 22, 2012 9:14 pm

1. Son can apply for Registeration (naturalisation is only for adult. It's a different term for minors) when the parent apply for naturalisation. The 5 years residence is not required for a minor. For Q1.1 on the MN1 form, you should write 3(1).

2. It is the day UKBA receives the application so if apply via NCS, make sure they send it on time using next day delivery.

ramdesh
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Posts: 17
Joined: Tue Dec 13, 2011 6:20 pm

Post by ramdesh » Mon Jan 23, 2012 12:26 pm

Jambo wrote:2. It is the day UKBA receives the application so if apply via NCS, make sure they send it on time using next day delivery.
Thanks Jumbo, Would you say my interpretation is right on the dates I should apply?

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Jan 23, 2012 1:37 pm

ramdesh wrote:Would you say my interpretation is right on the dates I should apply?
Yes. Note that this will require discretion (although as stated by the UKBA - they will normally apply it).

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