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Naturalisation for non UK born child

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

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Ellie_M
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Naturalisation for non UK born child

Post by Ellie_M » Fri Sep 28, 2012 9:33 pm

Hello,
I am planning to apply for Naturalisation based on Long Residence + 1 year ILR. My 17 yo daughter got her ILR 5 months ago (after being my dependent while I remained here as a student and then Tier 2 worker). She has been in the country just over 5 years now.

The question: can she apply at the same time as me now (be incl. into my application)? or does she have to remain the full year on ILR and apply next summer on her own?

Also, if she can apply with me now. She is turning 18 in 2.5 months. Will this impact her application as probability that she turns 18 while at the different stages of the application is very high and subsequently be treated as an adult (in terms of naturalisation/BC requirements) or since the initial application was made while she was under 18 she will effectively be treated as a child even if the whole process take longer than her 18th DOB?

Many Thanks!!! :!:
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Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Sep 28, 2012 9:50 pm

She can apply now with you (I assume the other parent also has ILR). As long as the application is received by the HO before she turn 18, she will be treated as a child (i.e. no need for 1 year ILR). However, if the approval would be after she turns 18 (likely), she will need to attend a citizenship ceremony (and might need to pay the extra £80 for it).
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Ellie_M
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Post by Ellie_M » Fri Sep 28, 2012 10:07 pm

This is great thank you for clarifying!

Regarding the other parent - he does not have ILR unfortunately. He is on outside of immigration rules visa even though he has been in the country for over 5 years, initially as my dependent, like our daughter. He was refused a visa due to a traffic offense which we forgot to mention in his application (switch from student dependent to the Tier2 dependent) and had to go through appeal to get his current OIR visa back in 2010. I understand he can not now switch back to be my dependent and has to extend his OIR visa for the next 3 years in 2013 even though effectively me and our daughter would BC by then.

Anyway, does his current status make a difference to her naturalisation?

thank you v much!
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Jambo
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Post by Jambo » Fri Sep 28, 2012 10:41 pm

Normally the other parent is expected to be settled in the UK or on a clear route to be settled. Having Discretionary Leave should be fine in your case.
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Ellie_M
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Post by Ellie_M » Sun Sep 30, 2012 12:15 am

understood, many thanks for your help!
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Craziness
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Post by Craziness » Fri Oct 05, 2012 4:03 pm

I have a related question and would appreciate help:

I have ILR for a year now with my 2 year old baby who received the ILR at the same time as me.

I will apply for naturalisation and will do for him at the same time. Since he was born outside of the UK, I will apply under Section 3(1).

His mother (my wife) has also ILR status but will not apply at the same as us (because she hasn't been in the UK for 5 years yet).

Do I need to send the following documents when applying for my baby:

My wife's passport (or a certified copy of it) showing she has ILR
Our marriage certificate
Any other documents showing that my wife is settled here as well

A response would be much appreciated, thank you.
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Craziness
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Post by Craziness » Sat Oct 06, 2012 3:55 pm

Please help
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Jambo
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Post by Jambo » Sat Oct 06, 2012 9:01 pm

Craziness wrote: Do I need to send the following documents when applying for my baby:

My wife's passport (or a certified copy of it) showing she has ILR
Our marriage certificate
Any other documents showing that my wife is settled here as well

A response would be much appreciated, thank you.
Yes.
As your child is born abroad, the application under 3(1) is at discretion and you should provide evidence that the mother is settled in the UK.
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Craziness
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Post by Craziness » Sun Oct 07, 2012 10:16 pm

Jambo wrote:
Craziness wrote: Do I need to send the following documents when applying for my baby:

My wife's passport (or a certified copy of it) showing she has ILR
Our marriage certificate
Any other documents showing that my wife is settled here as well

A response would be much appreciated, thank you.
Yes.
As your child is born abroad, the application under 3(1) is at discretion and you should provide evidence that the mother is settled in the UK.
Thank you. By evidence, do you mean the ILR status? So, I will include the certified copy of my wife's passport which includes her ILR page. Would this be enough? Thank you.
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Jambo
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Post by Jambo » Mon Oct 08, 2012 7:22 am

Yes
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Craziness
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Post by Craziness » Mon Oct 08, 2012 9:53 am

Jambo wrote:Yes
Again, thank you very much.
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