naturalization for children born abroad

[saleem77_pk]

I got my ILR on 6 October 2015 after 5 years of residence on tier visa. I would be eligible for my naturalization on 6 oct 2016. Currently one of my daughters, who is on tier 2 dependent visa which will expire on 13/09/2016. she came in UK in march 2012 as on tier 2 dependent visa and since then she is living with me

my plan is to apply for naturalization for myself, my wife and my this daughter on 6 oct 2016. My question is can I apply for her directly for naturalization along with my application. She will be a bit over stayed as her visa expires on 13/09/2016 and I am eligible to apply for my citizenship on 06/10/2016. So there is about 20 day’s deference.

Also i have heard that my wife dont need to wait for one year on ILR before she apply naturalization. she can also apply for naturalization along with my application on 6 oct 2016. at the moment she is on tier 2 dependent visa but soon i would apply for ILR for her. she also came in march 2012 to uk.

I would appreciate for your advice please. Thanks

[CR001]

Children born abroad are expected to hold ILR to qualify for citizenship. You risk refusal and loss of application fee if you apply without ILR. You need to included your child with your wife's ILR application.

Your wife can only apply without waiting 12 months once you are already British. She won't qualify to apply at the same time as you.

[saleem77_pk]

hiya

many thanks for your reply. i was reading other threads and i found that

Children born abroad to parents who are applying for British citizenship
"Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenship” above) to be registered as British citizens as part of a “family
application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British
citizenship, or if one parent holds British citizenship and the other is settled in the UK."



in the Naturalization for Child Born Outside UK thread.

thats the same case i am having but only the difference the over stay my daughter will be a bit over stayed as her visa expires on 13/09/2016 and I am eligible to apply for my citizenship on 06/10/2016. So there is about 20 day’s deference.

your thought please

[CR001]

It is your risk if you want to take but no one on the forum will tell you 'Yes go ahead, no problem'. It is an application at discretion and many unfortunate members have learnt the hard way with their born abroad children being refused because they DO NOT have or hold ILR/settled status.

You risk refusal and loss of the £936 fee and your child will have no legal status in the UK either. You will be creating a difficult situation for yourself.

There is no appeal process for refused citizenship applications.

How old is your daughter?

Your wife DOES NOT qualify to apply for citizenship at the same time as you.

[noajthan]

hiya

many thanks for your reply. i was reading other threads and i found that

Children born abroad to parents who are applying for British citizenship
"Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenship” above) to be registered as British citizens as part of a “family
application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British
citizenship, or if one parent holds British citizenship and the other is settled in the UK."



in the Naturalization for Child Born Outside UK thread.

thats the same case i am having but only the difference the over stay my daughter will be a bit over stayed as her visa expires on 13/09/2016 and I am eligible to apply for my citizenship on 06/10/2016. So there is about 20 day’s deference.

your thought please

You are quoting about section 3(1) of BNA which expects minor to be settled in UK, with clear evidence of future in UK.

In other words you have just reconfirmed all the other valuable information you have been gifted in this topic.

Suggest you do the needful and address child's lack of ILR then s/he won't be overstayer at all.

[saleem77_pk]

hiya

many thanks for your quick reply.

my daughter is is 7 years old and she is in UK since march 2011.

could you please explain the needful and how should i address ILR.

regarding my wife. In one of council (tower hamlets) for national checking services guy told me that my wife dont need to wait for a year on ILR. when i would apply for my naturalization i can apply straight for her as well along with my daughter who was born abroad as a whole family. even that guy told me i dont need to apply for ILR for that daughter.

so dont know what to do now

[CR001]

Apply for ILR for your daughter with your wife. You cannot avoid this step just to save money as you will lose on the citizenship application.

Your wife can ONLY apply without waiting 1 year on ILR once you are British.

To apply with you in October, she needs ILR and 5 years residence to qualify. If she doesn't have that and applies with you, her application will be refused.

There is no benefit anymore for 'family applications' (i.e. reduced fee).

NCS has given you some wrong advice. They are not immigration adivsors and have very limited training for what they do, they are only a 3rd party agent acting on behalf of HO to receive applications.

[saleem77_pk]

many thanks for your quickly reply. my wife came in march 2011 to uk so she will be having 5 years residence. she also got ILR today. can i include her in my naturalization application in oct 16. as she just got ILR so she wouldn't have ILR for whole one year in this October 2016.

bw

[tier1o]

Your wife can ONLY apply without waiting 1 year on ILR once you are British.

In this case, she will apply as spouse of British Citizen.

To apply with you in October, she needs ILR and 5 years residence to qualify.

If she is applying in her own right, she needs to have the ILR for exactly 12 months + 5 years residence to qualify + physical presence on the day of application.

[CR001]

many thanks for your quickly reply. my wife came in march 2011 to uk so she will be having 5 years residence. she also got ILR today. can i include her in my naturalization application in oct 16. as she just got ILR so she wouldn't have ILR for whole one year in this October 2016.

bw

To apply with you in October, she needs to have held ILR for 12 months. There is no way around this unfortunately.

As your wife now has ILR, you will need to submit an application for your child as well for ILR.

[saleem77_pk]

many thanks