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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hii sir/madam, I granted indefinite leave to remain last week,

Resolved Question:

Hii sir/madam, I granted indefinite leave to remain last week, bcoz I wasn't sure i only applied for myself, now I have two questions, 1;- I have one daughter & son so am i eligible for their british passport? & other, how can I apply for my wife now?? Plz reply. She had valid visas till 30/10/13.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What visa did your wife have and how long has she been in the UK?

Kind regards

Tom
Customer: replied 3 years ago.
Hiii .. Sir, she has been as a student dependent since may-2006, till 30/10/2013.
Expert:  Thomas replied 3 years ago.
Okay, thanks.

Where and when were your respective children born please?

Kind regards,

Tom
Customer: replied 3 years ago.
Both were born in uk sir..
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you have obtained ILR then you can apply for naturalisation 1 year after the date that you obtained ILR. This is where you naturalise as a UK citizen. You can do this provided you meet the requirements on the following page:-
https://www.gov.uk/becoming-a-british-citizen

Once you have naturalised as a UK citizen you can apply for a UK passport for yourself.

If you have obtained ILR then your wife should really apply to switch to a spouse visa, because if she has a student dependent visa then this is no longer appropriate because you are no longer on a student visa. She cannot apply for ILR yet because a student visa does not entitle her to, the only way that she could apply on a student visa is if she had been in the UK legally for 10 years.

Information on a spouse visa application for your wife is here:-
https://www.gov.uk/remain-in-uk-family
The eligibility for your wife’s spouse visa is contained here:-
https://www.gov.uk/remain-in-uk-family/eligibility

The good news is in respect of your children. As you have obtained ILR you are regarded as being “settled” in the uk for the purposes of the British Nationality Act.

Under section 1(3) of the British Nationality Act if your children were born the UK but were not UK citizens at the time of their birth (which they weren’t) then you can apply to register them as UK citizens once you have become settled in the UK (which you have now because you have obtained ILR. Please refer to s1(3) of the Act here for confirmation:-

http://www.legislation.gov.uk/ukpga/1981/61


You will see that this is further confirmed under the heading “Your parent has become a British citizen or settled since your birth” on the following page:-
https://www.gov.uk/register-british-citizen/born-in-uk-after-1983

You will have to apply for the children’s registrations as UK citizens by using Form MN1. This form and the guidance notes that you will need to complete the application are also available on the previous link.

Once you have the Certificates of Registration for the children you can then apply for their passports.



My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind
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