citizenship for childborn out of uk

[sameer9966]

my 6yrs old child born out of uk before my ILR, now i am citizen, and child has 2yrs spouse visa along with her mom, and ILR due in april,
whether child can apply for naturalization instead of ilr?

waiting for your earliest reply,
thanks,
sam[/u][/b]

[geriatrix]

Born-abroad child

[Jambo]

I would recommend to apply close to her mom ILR application and/or to mention in the child application that the mother is applying for ILR shortly.

As the registration is subject to discretion, it would be wise showing that her mother is soon to be settled in the UK. That would remove any doubt (if exist) about the child's future life in the UK.

[sameer9966]

thanks sushdmehta,

discretion-- what documents i might need to give more effective application

[hsmp2tier1]

Hi sushdmehta,

In the case being discussed above, does the Section 2 - Residence requirements of the MN1 form needs to be filled?

As I know, Section 3 and Section 4 (since the child is < 10 years) are not required.

[Jambo]

Hi sushdmehta,

In the case being discussed above, does the Section 2 - Residence requirements of the MN1 form needs to be filled?

As I know, Section 3 and Section 4 (since the child is < 10 years) are not required.

Section 2 needs to be filled in although there is no residence requirement to meet for a 6 years old child but the questions help to establish where the child's future life lies and his connection with the UK.

[Greenie]

I am not sure how advisable an application for registration is for a child in these circumstances who is not yet settled. See Conditions of stay 9.17.24

[geriatrix]

9.17.26 & 9.17.27 help and so does the child's residence in the UK (with parents) preceding the application.

Though I personally think there isn't any problem but, perhaps, Jambo's suggestion will reduce the risk?

I would recommend to apply close to her mom ILR application and/or to mention in the child application that the mother is applying for ILR shortly.

[Greenie]

9.17.26

sorry - didn't realise father was already british.

[sameer9966]

i spoken to home office regarding this, they said one parent should b british and one parent atleast have ILR, whereas i am british and mom on spouse visa.

or

shall i wait for mom ILR IN APRIL, just to prevent loosing fees if not successful.

thanks,

[Greenie]

i spoken to home office regarding this, they said one parent should b british and one parent atleast have ILR, whereas i am british and mom on spouse visa.

or

shall i wait for mom ILR IN APRIL, just to prevent loosing fees if not successful.

thanks,

See

Citizenship and immigration status of the parents
9.17.9 We should normally expect that:
•
at least one parent is a British citizen or
•
one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);
and
•
the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
•
whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.


Is there any reason why you want to apply before your wife gets ILR?

[sameer9966]

mom and child both got 2yrs visa
issue on-03-04-2010,
expire on- 03-04-2012.

so if applu ILR for mom even 28 days before by post until i reach ilr child
visa will b expire, and i dont want to keep my child without visa, so i want to
apply beofre this,

thanks

[sameer9966]

ANY ADVICE FOR MY LAST REPLY,

THANKS.