ILR for children

[koshynita]

Dear all

I was wondering if somebody could give me advice on the following.

I am reaching ILR 10 yr residence category soon by sept 2006

Is it possible to apply ilr both for me as well as my kids?

Currently i have my wife and 2 children as my dependants with their visa valid until feb 2007.

I came to uk in sept 1996
Children were born on eldest: 11-march 1996 & youngest: 27-03-2000.

both children were born in india.

I read this somewhere:
"If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as a British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, it will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act."

I have not understood what it means & implication

what should be the correct mode of applying.[/b]

Do i apply for ILR first & if i then get it then apply for family with FLRM?

or

wait till i get ilr then apply for ilr for kids & then wife on FLRM?

should it be simultaneously ?

Is it possible to apply for ILR for kids as well?

thanking in advance


Yours

[Kayalami]

The Home Office does not accept dependents under the 10 year or 14 year long residence categories so only you can get ILR under this. Your spouse needs to fill out a Form FLR (M) and include the children in it as dependents which should be submitted with your form SET(O). You must pay 2 sets of fees and include a clear note to the effect that you want the 2 applications considered in sequence. Your spouse and kids will get 2 year visas. Once your ILR has been granted you may apply to register any child born in the UK as a British Citizen. 28 days before the expiry of the 2 year visa your spouse should apply for ILR on Form SET(M) including as dependents any children not qualifiyng to register as a BC.

[JAJ]

I came to uk in sept 1996
Children were born on eldest: 11-march 1996 & youngest: 27-03-2000.

both children were born in india.

I read this somewhere:
"If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as a British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, it will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act."

I have not understood what it means & implication

This only applies to United Kingdom born children (in cases where the child is not British at birth. Your children were born in India, so it does not apply.

[JAJ]

Your spouse and kids will get 2 year visas. Once your ILR has been granted you may apply to register any child born in the UK as a British Citizen. 28 days before the expiry of the 2 year visa your spouse should apply for ILR on Form SET(M) including as dependents any children not qualifiyng to register as a BC.

The children were born in India (according to the original poster) so can't be registered as British immediately.

But there is a further option - as I understand it, the children can be sponsored for ILR immediately (no 2 year wait like the spouse). This will be important so that they can be included on the parent's naturalisation application, assuming he wants to take that step after 12 further months.