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Normally the Home Office would expect the children to have ILR in order to be eligible for registration under s3(1) of the Act in a circumstance like this. It's not a statutory requirement but is Home Office policy for these registrations (where linked to a naturalisation application).archies wrote:My wife is going to apply for ILR as I was informed that she definitely needs a settled status in this country before she can apply for British nationality by naturalisation. I wasn't sure about my children as I assumed they could be included in my own nationality application form as mentioned in the Guide-AN. "Minor children (under 18) cannot be included in certificates of naturalisation that are granted to their parents. However, they may be considered for registration as British citizens. A person applying for naturalisation should include the names and details of all his or her minor children who are not British citizens and whom he or she wants to have registered. We normally need permission from both parents."
Or, as I suggested, submit all the applications together once they all qualify. Archies' earlier post said "...she definitely needs a settled status in this country before she can apply for British nationality by naturalisation..." which I think answers your question, JAJ.JAJ wrote:....It may be necessary to include them in your wife's naturalisation application instead. Does she intend to apply for naturalisation too?
If you'd like to read the whole 62 page masterpiece, it's here, on the IND website (PDF).Conditions of stay
9.15.25 We should normally expect a minor to be free of conditions of stay because
the future of a child whose stay is restricted does not clearly lie here (see
9.15.2). Registering a minor who is on conditions has the effect of cancelling
their conditions because, on becoming a British citizen, the minor would
cease to be subject to immigration control.
9.15.26 We should therefore normally refuse an application for the registration of a
minor whose stay in the United Kingdom is restricted to a specific period.