Applying for ILR (long residence) for children

[archies]

Hello!

I am a doctor working for the past 10 years in UK. I am on an Indian passport and recently applied for ILR (Long residence category) and got it in September 2006. My wife and 2 children (12 yrs, 16 yrs) are also on Indian passports and have completed their 10year stay in September and are going to apply for ILR soon. Both children were born in India. Their stay in UK has been legal throughout this period.

I would like to know whether to apply for ILR for the children now or wait till next year when I can apply for British nationality (through naturalisation) so that they can be included on my application form and get citizenship straight away. Do they need to have ILR status before they apply for Br.nationality or can they be included in my naturalisation application form when I apply. Please help. Many thanks for any advice.

[ppron747]

Sorry to say (for the sake of your pocket!) that the Home Office would normally expect children to be free of conditions on their stay, when considering a discretionary application, as would be the case with your children.

So, ILR it is, followed by inclusion in your own naturalisation application.

You haven't mentioned your wife's intentions; it's worth considering that if you and she apply for naturalisation at the same time, the fee is lower than if you apply separately - details here - assuming the goalposts don't move between now and next September....

[archies]

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."

Thanks for your reply

[JAJ]

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."

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).

It may be necessary to include them in your wife's naturalisation application instead. Does she intend to apply for naturalisation too?

[ppron747]

....It may be necessary to include them in your wife's naturalisation application instead. Does she intend to apply for naturalisation too?

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.

Archies the point about the children needing ILR is, I think, covered by this passage from Nationality Instructions:

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.

If you'd like to read the whole 62 page masterpiece, it's here, on the IND website (PDF).

The passage you have quoted from Guide AN(NEW) is legally correct but, as you'll have gathered, doesn't tell the whole story. It should (IMHO) include a cross reference to IND guidance on minor registrations so as to avoid applications that unlikely to succeed...

[archies]

Thanks a million for clarifying! Your website is just great for clarifying immigration issues.