When can my child and I apply for British Citizenship?

[dandelion]

Hi All,

I was granted ILR yesterday after two years of being on spouse visa. So was my child (from previous marriage outside UK) as my dependant. Both of us have been here for four years. Now I have two questions:

Q1: Can I apply for British Citizenship NOW?
I had been pretty sure the answer is Yes till I asked a staff memeber behind the customer service in Croydon home office. She firmly said anybody has to wait for 12 months before apply for BC no matter you are married to a British or not. I have checked back Border Agency's website and believe she was wrong. Can anybody confirm this for me pls?

Q2: If I can apply for BC now, can my child who is 9-year-old apply together with me (with seperate fees certainly)?
My only concern stays in the fact that my current British spouse is not her biological father. But my understanding is her application will be based on my case. Am I correct?

Many thanks in advance!

[alikhan28]

I was granted ILR yesterday after two years of being on spouse visa. So was my child (from previous marriage outside UK) as my dependant. Both of us have been here for four years. Now I have two questions:

Q1: Can I apply for British Citizenship NOW?

No..You have to complete one year in ILR then you can apply for ILR.

I had been pretty sure the answer is Yes till I asked a staff memeber behind the customer service in Croydon home office. She firmly said anybody has to wait for 12 months before apply for BC no matter you are married to a British or not. I have checked back Border Agency's website and believe she was wrong. Can anybody confirm this for me pls?

You are wrong.If you have been in uk contionouly 5 years then you
apply ILR now.Otherwise NO

Q2: If I can apply for BC now, can my child who is 9-year-old apply together with me (with seperate fees certainly)?

Already Said No.But I am not sure about your son weather he can register for Citizenship or not.I have to double check this then I would comment.

My only concern stays in the fact that my current British spouse is not her biological father. But my understanding is her application will be based on my case. Am I correct?

Indeed correct.

Ali

[geriatrix]

I was granted ILR yesterday after two years of being on spouse visa. So was my child (from previous marriage outside UK) as my dependant. Both of us have been here for four years. Now I have two questions:

Q1: Can I apply for British Citizenship NOW?

No..You have to complete one year in ILR then you can apply for ILR.

I had been pretty sure the answer is Yes till I asked a staff memeber behind the customer service in Croydon home office. She firmly said anybody has to wait for 12 months before apply for BC no matter you are married to a British or not. I have checked back Border Agency's website and believe she was wrong. Can anybody confirm this for me pls?

You are wrong.If you have been in uk contionouly 5 years then you
apply ILR now.Otherwise NO

Wrong advice!

You must be free from immigration time restrictions on the day you make your application.

Spouse of British citizen doesn't have to wait for 1 year from date to settlement to apply for naturalisation.

regards

[geriatrix]

dandelion,assuming that the 1 year stay in UK, immediately prior to being granted spouse visa, was legal you may apply for naturalisation any day subject to the residential requirements being met - without any need to wait for 1 year from date of settlement (ILR).


regards

[alikhan28]

You must be free from immigration time restrictions on the day you make your application.

Spouse of British citizen doesn't have to wait for 1 year from date to settlement to apply for naturalisation.

Here is perfect answer.

Thanks Sushmehta you are a great help.

Regards

Ali

[dandelion]

dandelion,assuming that the 1 year stay in UK, immediately prior to being granted spouse visa, was legal you may apply for naturalisation any day subject to the residential requirements being met - without any need to wait for 1 year from date of settlement (ILR).


regards

Thanks Sushdmehta! I had been on student visa before the spouse visa, my child again as my dependent. So now come back to the orginal two questions:
A1: I can apply for BC ANYTIME I wish as I have been in UK legally for more than 3 years (2 year student visa + 2 year spouse visa) without any absences from UK during the time.

A2: My child can apply for BC TOGETHER WITH ME as my dependent but certainly with seperate application and fee.

Am I getting it correct? I might be going around and aroung but the answer from Home office custmoer services (which has turned out to be wrong) shocked me....

Thanks again!

[geriatrix]

A1. Yes, you may apply for naturalisation as and when you complete 3 years in the UK with absences not exceeding the permitted limit.

A2. You may apply for registration of your born-abroad child as British citizen (under section 3(1)) using MN1 form, at the same time as you apply for naturalisation (form AN).


regards

[dandelion]

Thank you very much for your replies.

[dandelion]

Now new question is in Section 6: Consent to the application for my child, it asks for father and mother's consent but in the Guide it says they require the consent of all those with parental responsibility for the child. I have divorced her biological father. My understanding of parental responsibility is the father still has it even the parents are divorced. so do I still have to get his consent? Is it possible I get away with it? Help please!

[alikhan28]

Now new question is in Section 6: Consent to the application for my child, it asks for father and mother's consent but in the Guide it says they require the consent of all those with parental responsibility for the child. I have divorced her biological father. My understanding of parental responsibility is the father still has it even the parents are divorced. so do I still have to get his consent? Is it possible I get away with it? Help please!

Aquiring Parental Responsibility

Biological mothers always have parental responsibility for their child. All other parents/guardians can acquire parental responsibility in various ways.

* Where the parents are married at the time of the birth the father will automatically have parental responsibility.


* In the case of children born after 1 December 2003, where the fathers details are registered on the birth certificate the father will also have parental responsibility.


* If the parents are unmarried and the father is not named on the birth certificate a father can acquire parental responsibility by entering into an formal agreement with the mother, by subsequent marriage to the mother, by order of the Court or by obtaining a residence order (which governs where a child is to live) in relation to the child.

A parent’s Civil Partner can obtain parental responsibility in relation to their partner’s child either by entering into a parental responsibility agreement, or on application to the court. Parental responsibility gained in this way will not be lost if the partnership is subsequently dissolved.

* There are distinct rules relating to the status of parents of children born as a result of assisted reproduction. The Government has announced its intention to review the relevant legislation, with the intention that civil partners and other same sex couples will have the same rights to be recognised as parents in those circumstances as heterosexual couples.

Parental responsibility is also obtained through the making of a residence order (an order made under the Children Act 1989), and through the act of adoption.

When a child is the subject of a care order in favour of a Local Authority, the local authority shares parental responsibility with the mother or both parents. Where a child is in care voluntarily, parental responsibility remains with the parents.

Persons who may have day to day responsibility for children such as teachers and childminders do not have parental responsibility but are under a duty of care to act as a reasonable parent would do to ensure the child’s safety and in emergency circumstances may take reasonable steps to promote a child’s welfare.

http://www.yourrights.org.uk/yourrights ... nsibility.

[dandelion]

Thanks for reply. I've called Home Office and the answer is that the signature of her biological father is required.

[JAJ]

Thanks for reply. I've called Home Office and the answer is that the signature of her biological father is required.

BUT - father cannot veto the application without giving a good reason. If he refuses to sign without providing a reason, or gives a reason indicative of malice rather than child's interests, then application can proceed regardless. It's all in the Nationality Instructions.

[Willy2020]

Thanks for reply. I've called Home Office and the answer is that the signature of her biological father is required.

BUT - father cannot veto the application without giving a good reason. If he refuses to sign without providing a reason, or gives a reason indicative of malice rather than child's interests, then application can proceed regardless. It's all in the Nationality Instructions.

I had the same problem when i was applying for my Naturalisation and Registration for my 2 kids(not married to thier mother)....but my name is on the birth certificate of both kids.

But at NCS,i was told i could only apply for one of them because the second child was born after 2006!...
Apparently,a new Law came into place recently making mothers more powerful and having most rights over the children.

But after reading the guidelines of MN1,DISCRETION could hv been applied by HO because i had ILR and have my name on thier birth certificates.

Hopefully,i should have my British passport tomorrow will apply for REGISTRATION for the asap!....and not thru NSC