Children born abroad to parents who are applying for British

[perisetty]

Greetings!

Scenario:

• Father on ILR(got it on 18th Sept,2015), applies for Naturalisation as a British Citizen on 19th Sept,2016
  Mother on PBS dependent Visa till Nov, 2018 (becomes ILR eligible in March,2018)
  Child on ILR(got it on 5th Oct,2015)

Query:
1.Can the child apply for Naturalisation (after 5th Oct,2016) alongside with her Father who is on ILR but her Mother is still to get ILR?
2. Should the child wait till her mother gets ILR as well. This would be a scenario where Father would have got naturalized and mother would be on ILR
3.Under what section of the British Nationality Act 1981 be the child application be considered? is it Section 3(1) or any other section?

Please advise!
Thanks and Regards, Raju

[secret.simon]

Children born abroad (before one of the parents has naturalised) have their status in-line with the less-privileged parent.

They will need to acquire ILR along with their less-privileged parent, in this case the mother.

They will be eligible for registration under Section 3(1) when both they and their parents are settled and at least one of the parents has British citizenship.

I am surprised that the child has got ILR already while the mother has not.

[perisetty]

Thanks simon for your valuable inputs.

for ILR of the child, if one parent gets ILR and the other Parent has a legal Visa( here PBS dependent Visa), Child will get the ILR.

Regards, raju

[Rizcon]

Thanks simon for your valuable inputs.

for ILR of the child, if one parent gets ILR and the other Parent has a legal Visa( here PBS dependent Visa), Child will get the ILR.

Regards, raju

Could you please explain us in detail that how you managed Child's ILR and which form you used for it as I never heard any case like this?
I'm also in same boat and would be grateful if you could share it in detail as I want to apply for my child's ILR as soon as possible.

[perisetty]

There is no change in the form, it remains the same. But the rule is key-
Immigration rule 319 J (e) states the following:
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

[perisetty]

my child ILR was rejected initially, I went for admin review the rule mentioned with help of a solicitor. Hope it helps

[vinny]

Were mother and child also your dependants prior to 9 July 2012?

[perisetty]

yes please

[tiredoftiers]

taking in account this post and the answer to the point http://www.immigrationboards.com/britis ... l#p1383634 that I raised few days ago is, Child does qualify for ILR because dad is on ILR and mom has FRL inline with her husband visa (mom lawfully in the UK, but child born abroad)????

Dear Perisetty did you actually mean ILE instaed of ILR when you applied for your child being abroad or child was already inthe UK before you got your ILR? please can you look through this post and reply that I would truly appreciate

[vinny]

yes please

Why hasn't your wife apply for ILR too?

[perisetty]

She was on PBS dependent Visa. there was a gap of more than 28 days in her Visa renewal. hence her ILR was denied. now she is on PBS dependent Visa and She will become eligible for ILR March, 2018.

I and my child have completed one year post our ILR. Hence want to go for Naturalisation. But it seems unless both parents have citizenship or atleast one parent has citizenship and the other settlement, child will not be considered for Naturalisation. So at this stage only I become eligible for naturalisation and my child child will have to wait till her mother gets ILR