Application for citizenship

[engineer123]

Hi,
Me and my family (wife and two daughters) are planning to apply for british citizen ship. we got ILR under judical review policy (have some posts posted over here). I have few confusions / questions can any one please help me in this regard.
I have total absences 350 ish (270 ish at a time continuesly) I will apply at the end of 5 years what are my chances and do I need to give reasons for absences from UK?
Mywife and daughters have almost 560 days absences should they apply with me or wait for some more months unless the absences beacome less than 450 in past 5 years?
Can I apply for my daughters now straightaway (they got indefinate leave with us but both were born outside UK).
I hope some will reply me one by one.
regards

[Backer]

I have total absences 350 ish (270 ish at a time continuesly) I will apply at the end of 5 years what are my chances and do I need to give reasons for absences from UK?

No more than 450 days in the last 5 years should be fine for naturalization. Note that in the final year you need less than 90 days outside the UK

Mywife and daughters have almost 560 days absences should they apply with me or wait for some more months unless the absences beacome less than 450 in past 5 years?

Your wife's application is independent from yours and she has to obide by the same rules. as you
Can I apply for my daughters now straightaway (they got indefinate leave with us but both were born outside UK).

Children are naturalized by discretion. Age is a factor. How old are they?
If they were not born in the UK (and under 18 ) I'm not sure they can apply on their own merit

[John]

Children are naturalized by discretion.

No they are not. Being born outside the UK they would apply for Registration as British, under section 3(1), using form MN1.

engineer123, a slight variation on the question asked by Backer, how old will the children be when you intend to apply for Naturalisation?

[Backer]

John - Are you sure?
The children were not born in the UK.
3(1) applies when one or more parent applies for citizenship but am not sure they can apply before

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 citizenshipâ€

[John]

John - Are you sure?

Yes I am sure. Don't confuse a section 3(1) application .... for children born outside the UK ..... with a section 1(3) application .... for children born in the UK (born before their parents got "settled status", such as ILR, but who now have that "settled status").

[Backer]

John - the OPs children were born outside the UK and he was askking whether he can apply for them before he applies for his or his wife's citizenhip.

I thought that the answer tot hat would be that he has to wait until his application and use section 3(1) for them.

[John]

If you clearly read my posts above I make no comment at all about when the section 3(1) applications can be made. I was pointing out that children do not apply for Naturalisation, as suggested by you, but instead they apply for Registration.

I confirm that a section 3(1) application can be made no earlier than when a parent is applying for Naturalisation.

[Backer]

Thanks John.

engineer123 - I hope you benefited from our discussion and have the answers you were looking for.

[engineer123]

Hi Gents,
Thank you very much for your discussion. Some weeks ago my understanding was that "as my children are born outside UK before me (or my wife) got ILR; they will apply for registration with us and not before that)". But two weeks ago I have consulted a very good and expert lawyer in this field and he said that children can apply for reg before you but I suggest to make a family application rather than applying them before you.

I think I will apply for myself and my children at the same time. But the question is what about my wife's application. She has spent about 560 days outside UK. Should I include her in the application form also and wait for UKBA to use the discretion or she should wait and make application after words?

The thing is AN1 say HO can use discretion if absences are less than 750 and she is here for 7 years, but I have read other guide which say HO can use discretion if absences are less than 750 and applicant is here for at least two years without any significant absences (she is here for more than 2 yrs with out any absence). That is why I am confused any suggestion pls?
regards

[Backer]

Regarding your wife - there is one thing you can check.
If you apply for citizenship is succesful then your wife can apply immidietly later as a spouse and I think the residential requirments are 3 years.

In order to demonstrate the residential requirements for naturalisation you need to:

â– have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
â– have been present in the United Kingdom three years before the date of your application; and
â– have not spent more than 270 days outside the United Kingdom during the three-year period; and
â– have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
â– have not been in breach of the immigration rules at any stage during the three-year period