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Posted

Looking to apply for the wife's UK citizenship in May this year as she will have satisfied the 3 year resindency and 270 ruling. However all three of my wife's children aged 10,11,17 have only been here in the UK for around 1 year or so but all three have settlement Visas. Thought I would call the relevant department in immigration to see if they could all apply with their Mother at the same time even if they have not been resident in the UK for three years. This is the response I was given, "both the 10 and 11 year old should have no problem in applying, but the 17year will be subject to a two year residential descressionary period so he may not be granted Citizenship along with the others" I asked the chap on the phone where it actually states this in the guidance notes and low and behold he didn't have a clue where it was ? So is this another goal post moving or has anyone else come up against this as a rule ?

Posted

Registration as British in these cases is not a right, but discretionary. However, if they apply at the same time as their mother and she is naturalised then they should have no problem.

I can find no reference to a 'two year residential discretionary period' in the guidance or the act itself.

Remember that if he reaches 18 before applying then he cannot be registered as a child, but will have to apply for naturalisation in his own right.

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