Rule clarification for Citizenship application for child

[kyatezz]

Hello,

I will qualify to apply for ILR in May 2022 (under the 10 year rule - having been on Tier 2 ICT, Tier 2 General Dependent and finally a Tier 2 General visa).

My wife and daughter might need to permanently move to India in 2020 (they will have only completed 3 years on their Tier 2 Visa) by then.

1. Can I apply for ILR for my daughter along with my application?
2. If I am granted ILR and I relocate to India say in 2022, can I apply for ILR for my daughter at some point in the future (assuming I still maintain my ILR status)
3. What is the earliest that I can apply for British Citizenship? Do I need to complete 12 months on my ILR?

3a. Can I apply for British citizenship for my daughter along with my application though, she might be living in India at that time? Will the chances for her to be granted citizenship reduce if only one of the parents has been granted a British citizenship?

Best regards
Artie

[secret.simon]

Where was daughter born?

3. By May 2022, I would have completed 10 years continuous stay in UK, what is the earliest that I can apply for British Citizenship? Do I need to complete 12 months on my ILR?

Yes, you still need to complete 1 year with ILR, with no more than 90 days absence in that year.

[kyatezz]

She was born in India, in 2016

[CR001]

Your daughter will have to apply for ILR when the other parent does. You can't apply for ILR from abroad.

There is no quick route for her unfortunately.

If they live to India, they will have to apply for spouse settlement visas to return, providing you still have ILR or British citizenship.

[kyatezz]

Thanks, if I am a British citizen, will my child be able to apply for British Citizenship once she crosses 18 years, if she wishes to forfeit her Indian citizenship?


Does it require for her to have lived in the UK for a certain number of years to qualify for citizenship?


Can the application be made from abroad (India)

[CR001]

Thanks, if I am a British citizen, will my child be able to apply for British Citizenship once she crosses 18 years, if she wishes to forfeit her Indian citizenship?

She would require 5 years UK residence and ILR to apply if she is over 18. You becoming British does not change things for her.

Does it require for her to have lived in the UK for a certain number of years to qualify for citizenship?

Yes, 5 years and must include 12 months on ILR.

Can the application be made from abroad (India)

No. She has no entitlement to British citizenship regardless of whether you become British or not as she is born abroad.

[kyatezz]

Thank you, then I am to understand that me becoming British citizen, will not have any advantage for my Child (in terms for her being able to return to UK/ applying for citizenship).

Would the situation been any different if she was born in the UK and not in India?

[CR001]

Yes, very different if she had been born in the UK as she would then have had an entitlement to register as British as soon as you got ILR.

[secret.simon]

To summarise, children born abroad have the same UK Immigration status as the less-privileged parent and would get ILR along with the less-privilged parent (the mother, in this case). If the mother does not get ILR, the child does not either.

Children born abroad are expected to have ILR and at least one parent should have or be applying for British citizenship.

Therefore, if the mother does not get ILR, the child will not get ILR either and therefore will not be able to register as a British citizen while she is under the age of 18.

After the age of 18, in order to become a British citizen, she will need to go through the entire UK immigration process in her own stead, meeting the requirements of the UK Immigration Rules at that point in time and then meet the requirements for naturalisation as at that point in time. Your status as a British citizen would be likely be irrelevant for the purpose of your daughter's naturalisation.

Any children born to you anywhere in the world after you naturalise as a British citizen would be a British citizen by descent. That does not affect the status of children born before your naturalisation.

[kyatezz]

Hello,

I am currently on Tier-2 General dependent visa from Jan 2017 valid upto Nov 2019. I was also hoping I can extend this by another two years (is it still possible or shall I get my visa converted to Tier 2 Gen main!?)

Previously I was on Tier 2 ICT (main) from May 2012.

Could someone please clarify if I will no longer be eligible to apply for ILR under the 10 year rule if UK comes out of EU with no deal!?

What is the optimal route for me for British Citizenship!?



Thanks,
Ravi

[CR001]

A tier 2 dependent extension is for 3 years. You can't choose a lesser time.

ILR under the UK immigration rules are NOT affected by Brexit!!

[kyatezz]

Thank you, so as per the current visas,

1. Go for a 3 year extension and extend it to Nov 2022 (as spouse visa can be extended only to that date).

2. All of us (spouse, myself and daughter) apply for ILR in Jan 2022 (at the end of completion of 5 year stay)

3. Then, all of us apply for British Citizenship by Jan 2023 (after completing one year) - is this Jan or the month from when ILR gets issued!? If its the month ILR starts, what is the likely timeframe I need to consider?

4. Obtain British Citizenship in 2023 (any indication on which month this might be? - best case)

[secret.simon]

3. Then, all of us apply for British Citizenship by Jan 2023 (after completing one year) - is this Jan or the month from when ILR gets issued!? If its the month ILR starts, what is the likely timeframe I need to consider?

12 months from the date of grant of ILR. So, if the ILR application takes three months (as an example), the earliest that you would be able to apply for British citizenship will be April 2023.

4. Obtain British Citizenship in 2023 (any indication on which month this might be? - best case)

A naturalisation application can take anywhere from a couple of months to a few months. Also, keep in mind that each application will be treated separately and it is possible that you and your wife may be approved months apart.

[kyatezz]

And, once I am granted the ILR, can I apply for British Citizenship for myself and my daughter (We both are currently on dependent visas, and my wife is the main visa holder, but post ILR being granted for myself and my daughter and my wife, I think there will be no dependency as to who can apply for citizenship!?)

[secret.simon]

The child can be registered as a British citizen when at least one parent is or is applying to become a British citizen AND both the child and the other parent have ILR.

Non-British children born outside the UK have the same immigration status as the less privileged parent.

[kyatezz]

So my understanding is once both Parents have ILRs, and only one of the parents apply for citizenship, then the child (even though born outside UK) gets eligible to apply for British Citizenship (and one parent being less priveliged does not come into consideration)

[CR001]

So my understanding is once both Parents have ILRs, and only one of the parents apply for citizenship, then the child (even though born outside UK) gets eligible to apply for British Citizenship (and one parent being less priveliged does not come into consideration)

Correct, as long as the child also has ILR.