Post
by Keyrun » Mon Jan 23, 2012 1:18 pm
Hi all,
I am sure someone would have asked this question. Lack of time is forcing me to start a new topic. Hope you can help.
I will soon be applying for ILR. My question - Can I skip ILR for my son who was born in India in 2008. I have been told that I can skip ILR for my son and directly apply for naturalisation process but does he qualify for it as he is not an UK born child.
Thanks in advance.
Regards,
Kiran
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PS:This is what I have read on IB.
Q - Does my UK-born child qualify for british citizenship? Can I skip ILR for my child?
A - Child born in UK before either parent is granted settlement: There is no requirement for a UK-born-child to be included in the settlement application of the parent (that the child is a dependant of). Immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status. Whether the child has a passport or not, has valid (PBS or non-PBS) leave or not, or whether dependant leave will expire on the day you apply for settlement or 2 years down the line - is all immaterial. If you do not include the child in your settlement application and the child's current leave expires before he/she becomes entitled to be registered as British citizen, the overstay won't affect the child's entitlement for British citizenship, if/when you're granted ILR.
Child born in the UK after either parent has been granted settlement: Is a British citizen by birth.