Residency requirement for Citizenship(Parents and Minor)

[samrat_g]

Hi All,

I have few questions to clarify regarding eligibility/application for citizenship.

I have a settlement visa (ILR) of the UK. My wife and son have the same on their Indian Passport. By the end of this year, I will be eligible to apply for British Passport.

I have been in this country for 5 years, fully employed, absent from the country only 200 days. Hopefully, I will be able to fulfil all the standard requirements for citizenship.

My son was born in India in 2010. He entered this country in May 2011. He was born before we were eligible for ILR.

My wife came to this country in 2008. She has been in-out of this country for various reasons(child birth, holiday). Although she has first entered the UK fours year back but her absence is more than 450 days(reasons mentioned above). I understand that she is not eligible for citizenship and will not be eligible even after I acquire British citizenship.

Questions:

1.I know that application for adults is considered individually and hope my wife status will not effect my application (all the standard requirements are fulfilled in my case). Please can you confirm this.

2.Residency requirement is not applicable for minor. But please could you confirm whether my wife absence will effect my son’s application. I intend to apply his passport after I get citizenship on the ground that one parent is a British Passport holder and the second parent has a settlement visa(my wife has an ILR). In the MN1 form, there is a section for parents absence detail from the UK. This is bit confusing because although the minor doesn't need any residency requirement but the parents need to fullfill this. Please clarify the situation.

Look forward to your advice.

Regards,

Samrat

[Jambo]

Although she has first entered the UK fours year back but her absence is more than 450 days(reasons mentioned above). I understand that she is not eligible for citizenship and will not be eligible even after I acquire British citizenship.

How many absences has she got? Depending on the number of days, it might be worth applying anyway as the HO could apply discretion in her case. Fees for joint applications are cheaper than 2 single applications.

1.I know that application for adults is considered individually and hope my wife status will not effect my application (all the standard requirements are fulfilled in my case). Please can you confirm this.

Correct.

2.Residency requirement is not applicable for minor. But please could you confirm whether my wife absence will effect my son’s application. I intend to apply his passport after I get citizenship on the ground that one parent is a British Passport holder and the second parent has a settlement visa(my wife has an ILR). In the MN1 form, there is a section for parents absence detail from the UK. This is bit confusing because although the minor doesn't need any residency requirement but the parents need to fullfill this. Please clarify the situation.

Your wife absences will not affect the child application. You and you child can apply together (same time, same envelope). There is no need for you to apply first. The outcome of the child application will depend on the outcome of your application.

Section 3 (parents residence) is not applicable for applications under section 3(1) which you apply under.

[samrat_g]

Thanks Jambo for your reply. Another question I would like to ask is about school fees in India. What is the situation with regards to tution fee for foreign nationals in Indian school. I have heard that there is no set policy and it depends on individual school. If I get citizenship for my son and then go back to India then my worry is I have to pay high NRI fees. Please can you clarify the situation.

Regards

[Jambo]

Why would you think I know anything about school fees in India? This is a British citizenship forum. You better ask the question in the "Other countries" section of the website.

[samrat_g]

My apologies for posting an irrelevant question to the British Citizenship forum.

I have a further question in relation to my previous post about my son’s passport

After getting my British Passport, if we decide to go back to India with my wife and son having Indian Passport then please can you confirm whether my son will still remain eligible for naturalisation and passport any time (whilst he his a minor).

I understand that there is no residency requirement for minors (up to the age of '18'). I am wondering if we decide to come back to the UK after few years (say after 5 years) from now whether my son’s eligibility will remains the same for citizenship.

His present ILR will be invalid after 5 years. Do I have to apply for him a new visa to re-enter this country or can I apply for British Citizenship from India (Under Section 3(1)). Hopefully by then we will be able to decide where we want to settle.

[Jambo]

Applications under section 3(1) are application at discretion. The most important criteria is that the child's future clearly lies in UK. Although there is no official residence requirement, application while the child lives abroad will fail as the criteria is not met.

If you return to the UK after 5 years, your child will need a settlement visa as his ILR will be invalid. Once in the UK, an application for BC can be made.

[samrat_g]

Thanks Jambo for your reply. My apology for coming back so late. Actually I was away for a week.

Do you anticipate any future risk(missing the oppurtunity) of having British passport for myself and keeping my family with their Indian Passport. Because of my limited knowledge with regards to Immigration probably I cannot forsee the risk which you may be able to flag up. Perhaps, the arrangement mentioned above could be suitable for me but may not be practical for various reasons which I may not be aware of. Can you please point me in right direction.

Someone told me that UKBA also checks future intention during Naturalisation application. One way to check is whether both the partners are applying at the same time. In my case my wife will not eligible during my application. Are you aware of any clause like this.

A friend told me that after getting British passport it is required to stay for certain duration in the UK before leaving permanently for few years. Is it true?

[aprilclub]

From what I know, one parent need to apply for citizenship along with the child ; and the other parent need to have ILR. There is no requirement for both parent to apply together.

After you get citizenship and renounce the Indian passport; what can UK govt do if you leave UK? They certainly cant take it away (as long as you haven't got OCI) and they cant go after you for mis-declaration ( as long as you had honestly declared that it was your intention to live in UK. Intentions can change)

I personally can think of no advantage of retaining Indian citizenship; unless you want to be a politician or want to work for the public sector. Not sure about the cost of education - but one thing is for sure. Education is not cheap anymore anyways. So its all swings and roundabout on that count, as far as I can see.

[baldude]

You and you child can apply together (same time, same envelope). There is no need for you to apply first. The outcome of the child application will depend on the outcome of your application.

Sorry to hijack the thread.
I am in the same situation....wife away for more than the number of holidays for citizenship......kid born in 2010 outside UK and all of us have ILR atm....

can someone in the know please clarify me.....

1. can I include my kid on the same application?
2. if the above is true may i know what is the current fee is?

I am now eligible to apply for my naturalization and should be starting gathering required documents.
any help is greatly appreciated.
thanks in advance.

[Jambo]

Sorry to hijack the thread.
I am in the same situation....wife away for more than the number of holidays for citizenship......kid born in 2010 outside UK and all of us have ILR atm....

can someone in the know please clarify me.....

1. can I include my kid on the same application?
2. if the above is true may i know what is the current fee is?

I am now eligible to apply for my naturalization and should be starting gathering required documents.
any help is greatly appreciated.
thanks in advance.

I suggest you read - Citizenship FAQs - Common Questions - Read before posting - Children.