Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse
No announcement yet.

Citizenship application - children / evidence of lawful residence / PCNs

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • Citizenship application - children / evidence of lawful residence / PCNs

    Good evening,
    I am in process of filling the online application for myself and my family. Reading the forum and the guides available from HO, I’d like to address few questions, hopefully I can get clarified couple of things.
    Context:
    1 single application with 4 applicants via settled status (Indefinite Leave in the United Kingdom, under Appendix EU to the Immigration Rules) route:
    Myself (EU Citizen) – in UK since 2014
    My wife (EU Citizen, settled status granted in March 2019,) in UK since 2014
    We’re married and have marriage certificate since 2013.
    In terms of employment we’re both Directors within our own company since 2014 and actively trading to date.
    1st child 14 old – born outside UK (my wife’s son; step-son, settled status granted in 10/12/2019) in UK since 2014
    2nd child 4.5 old – born in the UK (we’re both the parents)

    Q1) Can 1st child submit the online application before 10/12/2020 on the basis that his mum has got the settled status since March 2019?
    Q2) Is the marriage certificate between myself and his mum enough & to be accepted as a proof of step-father & parental responsibility? Note that my name does not appear on 1st child’s birth certificate. His natural father is deceased.
    Q3) Evidence of residence - are the below documents enough to proof lawful residence in the UK since 2014:
    • SA302 & Tax Overview since 2013/2014 financial year;
    • NI Contribution records since 2013/2014 financial year;
    • Self-Tax return for each financial year since 2013/2014;
    • Rental agreements since 2015-to-date/council tax bills.
    • For children – school absence reports, NHS regular appointments, and official letters from schools/nursery.
    Q4) My wife came in the UK in March 2014 and started 1st employment in June 2014 (less than 3 months from arrival) – just to confirm there is no need for CSI?
    Q5) Your view on: PCNs / driving offence – are 4 PCNs (3 parking+ 1 yellow box) & 1 speeding fixed fine (in France 45euro – exceeding speed with 8km on an authorised speed of 70km/h) likely to affect the status of application? They were all paid in time no other penalty points on the driving licences.

    Thank you for the great work you’re doing here and looking forward for your views.

  • #2
    Originally posted by BobbyG View Post
    Good evening,
    I am in process of filling the online application for myself and my family. Reading the forum and the guides available from HO, I’d like to address few questions, hopefully I can get clarified couple of things.
    Context:
    1 single application with 4 applicants via settled status (Indefinite Leave in the United Kingdom, under Appendix EU to the Immigration Rules) route:
    Myself (EU Citizen) – in UK since 2014
    My wife (EU Citizen, settled status granted in March 2019,) in UK since 2014
    We’re married and have marriage certificate since 2013.
    In terms of employment we’re both Directors within our own company since 2014 and actively trading to date.
    1st child 14 old – born outside UK (my wife’s son; step-son, settled status granted in 10/12/2019) in UK since 2014
    2nd child 4.5 old – born in the UK (we’re both the parents)

    Q1) Can 1st child submit the online application before 10/12/2020 on the basis that his mum has got the settled status since March 2019?
    Morning,

    You may want to look at this post that deals with the registration of children born abroad: Children born abroad

    ...where you'll see:
    Factors taken into account

    Pages 27-30 of this document set out the relevant criteria: Registration as a British Citizen

    Child's future intentions: it should be clear that the child's future is in the UK, this could be in doubt if:
    • the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
    • the child is about to leave the UK; or
    • one or both parents are resident abroad.
    Parents' status: one of the parents should either be a British citizen or should have applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:
    • the other parent is settled in the UK; or
    • the other parent is unlikely to return to their country of origin in the short to medium term, and there is no other reason to believe that the child’s future lies outside the UK.
    Please note the following: It will rarely be right to register a child neither of whose parents is or is about to become a British citizen

    Where the child does not have ongoing contact with the other parent, the parent having day-to-day responsibility for the child should normally be, or be about to become, a British citizen, unless they are settled here and there are strong reasons why registration would be appropriate.

    Child's residence in the UK: The child should normally have lived in the UK for a certain period of time, because as well as being consistent with other provisions, it enables a child to establish personal connections with this country and helps confirm that their future lies here. The criteria depends on the child's age:

    Under 13: Length of residence in the UK is less important where the child is under the age of 13. If the caseworker is satisfied that their future lies in the UK and that registration is otherwise appropriate, they do not need to take into account the length of residence.
    13 or over: They should normally have completed at least 2 years residence in the UK before being registered.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

    Comment


    • #3

      Originally posted by BobbyG View Post
      Q2) Is the marriage certificate between myself and his mum enough & to be accepted as a proof of step-father & parental responsibility? Note that my name does not appear on 1st child’s birth certificate. His natural father is deceased.
      You may want to provide the certificate and write a note in the cover letter to explain this.

      Originally posted by BobbyG View Post
      Q3) Evidence of residence - are the below documents enough to proof lawful residence in the UK since 2014:
      • SA302 & Tax Overview since 2013/2014 financial year;
      • NI Contribution records since 2013/2014 financial year;
      • Self-Tax return for each financial year since 2013/2014;
      • Rental agreements since 2015-to-date/council tax bills.
      • For children – school absence reports, NHS regular appointments, and official letters from schools/nursery.
      We are not able to tell you exactly what documents to send or whether they will be enough, however, the above would seem to prove both residence and lawful residence during the last 5 years which is the relevant period.

      Each form will produce a checklist of documents to be provided based on the answers given on the form.

      Should they require anything else, they would contact you asking for it.

      Originally posted by BobbyG View Post
      Q4) My wife came in the UK in March 2014 and started 1st employment in June 2014 (less than 3 months from arrival) – just to confirm there is no need for CSI?
      EEA nationals have an initial right of residence of 3 months, so CSI doesn't come into it, and this falls outside the 5 year period.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

      Comment


      • #4
        Originally posted by BobbyG View Post
        Q5) Your view on: PCNs / driving offence – are 4 PCNs (3 parking+ 1 yellow box) & 1 speeding fixed fine (in France 45euro – exceeding speed with 8km on an authorised speed of 70km/h) likely to affect the status of application? They were all paid in time no other penalty points on the driving licences.

        Thank you for the great work you’re doing here and looking forward for your views.
        We have covered that here: Speed fines and awareness

        ...where you'll see:
        Generally, speeding fines will not lead to a refusal of naturalisation.

        The guidance states that fixed penalty notices (such as speeding or parking tickets) must be disclosed, although will not normally be taken into account unless:
        • you have failed to pay and there were criminal proceedings as a result; or
        • you have received numerous fixed penalty notices.
        Generally, if the fine was 3 years ago, it is their policy to ignore - but you must still declare.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

        Comment


        • #5
          We have put together the following resources which should be your starting point for adult applications....and, before going further, you should also be aware of the potential impact on family members you may wish to sponsor in the future.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

          Comment


          • #6
            Originally posted by Site Admin View Post
            Morning,

            You may want to look at this post that deals with the registration of children born abroad: Children born abroad

            ...where you'll see:
            Factors taken into account

            Pages 27-30 of this document set out the relevant criteria: Registration as a British Citizen

            Child's future intentions: it should be clear that the child's future is in the UK, this could be in doubt if:
            • the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
            • the child is about to leave the UK; or
            • one or both parents are resident abroad.
            Parents' status: one of the parents should either be a British citizen or should have applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:
            • the other parent is settled in the UK; or
            • the other parent is unlikely to return to their country of origin in the short to medium term, and there is no other reason to believe that the child’s future lies outside the UK.
            Please note the following: It will rarely be right to register a child neither of whose parents is or is about to become a British citizen

            Where the child does not have ongoing contact with the other parent, the parent having day-to-day responsibility for the child should normally be, or be about to become, a British citizen, unless they are settled here and there are strong reasons why registration would be appropriate.

            Child's residence in the UK: The child should normally have lived in the UK for a certain period of time, because as well as being consistent with other provisions, it enables a child to establish personal connections with this country and helps confirm that their future lies here. The criteria depends on the child's age:

            Under 13: Length of residence in the UK is less important where the child is under the age of 13. If the caseworker is satisfied that their future lies in the UK and that registration is otherwise appropriate, they do not need to take into account the length of residence.
            13 or over: They should normally have completed at least 2 years residence in the UK before being registered.
            Good morning,

            Thank you for your replies. I have read all the pages with regards to the children's application.

            To rephrase my question:
            Q1.1) Does the child born outside UK need to wait 1year (similar as EU adults) after being granted settled status (under Apendinx EU) in order to submit the application?

            Registration as British citizen: children guide states the following:
            Child’s immigration status
            As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
            •indefinite leave (IL)
            •permanent residence under the European Economic Area (EEA) regulations

            Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
            •the child satisfies the other expectations for registration
            •the parents meet the expectations with regard to their circumstances

            If the child is subject to immigration restric tions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.



            In our context, the child has got settled status - but I coulnd't find any statement to say:
            "Children born outside UK need to wait 1 year after being granted settled status in order to apply for British citizenship."

            Then, Documents/evidence required

            ...

            evidence of the child’s immigration status
            ...

            What I don't want to risk, is to apply before child has 1 year since settled status was granted (on 10/12/2019 -> 1 year is on 10/12/2020) and get a refusal based on "1 year" rule that applies for adults.

            All other criterias are met: parents are part of same application, evidence of residence for the past 6 years, good character, child's & parents (with settled status 1year+) future is in the UK.

            Many thanks for your support.

            Comment


            • #7
              Originally posted by BobbyG View Post
              What I don't want to risk, is to apply before child has 1 year since settled status was granted (on 10/12/2019 -> 1 year is on 10/12/2020) and get a refusal based on "1 year" rule that applies for adults.

              All other criterias are met: parents are part of same application, evidence of residence for the past 6 years, good character, child's & parents (with settled status 1year+) future is in the UK.

              Many thanks for your support.
              Afternoon,

              The post I linked above also says:
              Although the requirement to have held PR status, ILR or settled status for at least 12 months unless married to a British citizen, does not apply to the registration of children under 18, as registration of children born abroad is linked to their parents applying for British citizenship, in practice, the whole family would have to wait a year after becoming settled in the UK, including their children born abroad.
              So no, the child doesn't need to have settled status for 12 months, only the parent(s) applying with the child.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

              Comment


              • #8
                Afternoon,

                Thanks for your quick reply.

                Sorry to be a pain, but..

                From what I read above I may take it this way:

                Although the requirement to have held PR status, ILR or settled status for at least 12 months unless married to a British citizen, does not apply to the registration of children under 18
                - where can I find this clarification in the Home Office guidance?

                as registration of children born abroad is linked to their parents applying for British citizenship
                - Agreed

                in practice, the whole family would have to wait a year after becoming settled in the UK, including their children born abroad.
                the above, in my personal view, is in contradiction with the below:
                So no, the child doesn't need to have settled status for 12 months, only the parent(s) applying with the child.
                Is the child not part of "whole family"?

                Comment


                • #9
                  Originally posted by BobbyG View Post
                  Afternoon,

                  Thanks for your quick reply.

                  Sorry to be a pain, but..

                  From what I read above I may take it this way:

                  - where can I find this clarification in the Home Office guidance?

                  - Agreed

                  the above, in my personal view, is in contradiction with the below:

                  Is the child not part of "whole family"?
                  Morning,

                  To clarify, this refers to the fact that at least one parent is meant to be applying for citizenship at the same time, unless they applied in the past and are already British. So the parent needs to make sure they have their settled status for at least 12 months in order to apply for themselves, the child doesn't need to have had the status for any period of time.

                  The post I linked above also has a link to this document which is the guidance you are after:

                  MN1 Guidance


                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                  Comment


                  • #10
                    Thank you for clarifications. I will keep you posted with the progress.

                    Comment

                    Working...
                    X