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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My son (who is 16) and I both have had indefinite leave to

Customer Question

My son (who is 16) and I both have had indefinite leave to remain in the UK for 1and 1/2 years and have lived in the UK for 10 years. Can I apply for my son to become a British citizen if I am not applying at the same time?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

When did your son arrive in the UK please?

Kind regards

Tom
Customer: replied 3 years ago.
In August 2003
Expert:  Thomas replied 3 years ago.
Hi

I will be able to answer in about an hour.

Thanks for your patience

Kind regards

Tom
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your patience.

In order to apply for naturalisation it is a requirement that you are over 18 years of age, as you will see from the eligiblity criteria here:
https://www.gov.uk/becoming-a-british-citizen

They way that it usually works with children is that the parents apply to naturalise but at the same time an application is made on behalf of the child to register them as a UK citizen using Form MN1. This is acquisition by registration, which is different to naturalisation.

Unfortunately, on this basis your child would not be able to apply and be confident of obtaining citizensship unless you also apply.

So, the options are for you to apply for naturalisation with your child applying to register using form MN1 at the same time OR for you to wait until your child turns 18 years of age and then your child can apply independently for naturalisation because he will meet the criteria at this point.

If your child has ILR and you intend to remain in the UK until he is 18 then he should be prejudiced in the intervening time until he qualifies on his own. If you think he might be prejudiced for some reason by having to wait then please let me know your concerns and I will advise further.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom