CJ2015

Hello,

My minor son and I (UK citizen-by-descent) moved back to the UK once he received his ILE. That was October, 2022.

When can I apply for his British citizenship?

I spoke to a lawyer, who said that under the British Nationality Act 1981, Section 3.1, Registration of Minors, that I could apply for him at any time. However, when I read the Act, I am not sure of this. I understand that there is a Lawful Residence requirement, and the Nationality and Borders Act 2022 states that where you have been granted ILE or ILR, this requirement (3 or 5 years residency) will be considered to have been fulfilled. So, does this mean that my son must be resident in the UK for 12 months before being eligible to apply for British citizenship?

Thank you.

BritInParis

Typically it’s three years for registration under S.3(5) BNA 1981. Do you have sole parental responsibility for your son?

CJ2015

Hello BiN,

Yes, I do have sole responsibility for my son.

Thanks for the information. Glad I checked this out here. So it would be 3 years from date of arrival on ILE? Not 3 years, plus another 12 months?

BritInParis

Three years’ continuous residence so from the date of arrival so October 2025. How old will your son be then?

CJ2015

Thank you for the clarification. He will be under 18 years.

BritInParis

No problem then. Just start thinking about how you’ll demonstrate three years residence for him, e.g. school attendance confirmation, NHS letters, etc..

CJ2015

Besides bank statements in his name, and reference letters, what other evidence would be advisable?

christmasoompa

Bank statements don’t show residency unless they have lots of transactions showing he physically purchased stuff in shops in the UK. If he’s anything like my kids every transaction is online, thanks to Amazon etc they never actually go to a shop!

His school records would be best as mentioned above. Easy to get and incontestable evidence that he’s been resident in the UK.

CJ2015

Thank you both for your help!

Have a lovely long weekend!

CJ2015

Just a quick query as I am contemplating a trip back to Canada. How many days can my son be out of the UK without losing continuous residence status? It seems that it is six months, but I read somewhere else that it was 200? in the 3 year period.

Thanks for any clarification.

BritInParis

Neither you nor your son can be outside the UK for more than 270 days cumulatively during the three year period prior to application.

CJ2015

Thank you for your rapid reply, BInP. And Happy New Year!

Is there a further requirement that we may not be out of the UK for more than 180 days consecutively?

BritInParis

No, just the one mentioned above however there is no discretion if you exceed the 270 days.

CJ2015

Thank you so much, BInP, for this clarification. You have always given clear and solid information, and for this I thank you. My son says to say Happy New Year to you!

BritInParis

And a Happy New Year to you both!