Process for citizenship for Kid under FLR(M)

[t2ictilr]

Hi,

I have UK citizenship from Dec 2014.

My wife and elder son are on my wife's ICT visa from Dec2009 onwards however in Jan 2014 they had to be converted to FLR(M) due to some urgent job change.
They are on FLR(M) status from Jan 2014 onwards.

In Jan 2019 they will be completing their 5 year term in FLR(M) category and can apply for ILR.

For my wife, the process for citizenship is via ILR and Citizenship.

However for my son, is there any quicker way to get Citizenship. He has already completed 8 years in UK (From Dec 2009) till now without any break.

If i apply ILR alone for my wife in Jan 2019 in premium category and leave my son in FLR(M) category as is.

And apply Citizenship directly for my son (as one parent is Citizen and other is ILR holder).

If this approach correct. Or is there any other option

[Hstepper07]

It depends on whether he was born here or abroad and your residential status when he was born.

[vinny]

If child was born outside the UK, then it's simpler if child applies for ILR with mother.

[t2ictilr]

He is born outside uk.

I heard that for kids whose parents are British citizen and an ILR, they are eligible to apply for citizenship directly without ILR.
This way i would avoid the fees for ILR for my son. and only pay for citizenship.

For my wife, anyways, she has to go to ILR and citizenship

[Hstepper07]

He is born outside uk.

I heard that for kids whose parents are British citizen and an ILR, they are eligible to apply for citizenship directly without ILR.
This way i would avoid the fees for ILR for my son. and only pay for citizenship.

For my wife, anyways, she has to go to ILR and citizenship

From the information you provided, your son was born abroad before you became a BC. You can apply to register your son as a British citizen and the application will be at HO discretion. HO would expect the other parent to hold ILR (or be close to achieve that) when applying for the child registration. See link to board FAQ below:
www.immigrationboards.com/british-citiz ... 95747.html

[t2ictilr]

Thanks for the response. I understand form MN1 is relevant for this situation.

From the section 3(1),it says "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"

So i will have to get the ILR done for my wife, before applying MN1 for my son.

The sequence is - I apply ILR for my wife alone and once she becomes ILR, apply Citizenship for her with AN and register my son directly with MN1 form.

Is my understanding correct?

[Hstepper07]

Thanks for the response. I understand form MN1 is relevant for this situation.

From the section 3(1),it says "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"

So i will have to get the ILR done for my wife, before applying MN1 for my son.

The sequence is - I apply ILR for my wife alone and once she becomes ILR, apply Citizenship for her with AN and register my son directly with MN1 form.

Is my understanding correct?

Sounds like a plan. Will save you cost of ILR.

[CR001]

You still risk your son's application being refused and if his visa has expired, it creates a whole set of other problems.

How old is your elder son??

[secret.simon]

Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.
...
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.

Applying for registration without applying for the child's ILR may lead to delays, as the application will have to go to a senior caseworker or even refusal, after which you will have to spend further on either the child's ILR and then a further MN1 or an appeal and then a further MN1.

I think it would be cheaper and more prudent to apply for the child's ILR along with the mother's and then apply for MN1.

Think about it as the Home Office getting its pound of flesh one way or another and budget accordingly.