Citizenship for 8 yrs old under section 3(1)

[bhossan100]

Hi All
I need your valuable suggestion for the citizenship application of my 8 years old elder daughter as we like to make a joint application including my younger daughter.

My younger daughter (4 years old) was born in UK. So we are going to apply for her under section 1(3) which is an entitlement. But the application for my elder daughter will be under discretion. Please find below our immigration history so that you can offer your suggestion.

Me and my wife- ILR granted in Dec 2012 and will be eligible to apply for citizenship in Dec 2013.

My elder daughter (8 yrs old)- ILR granted in Dec 2012 with us. She has been living in UK since July 2008 . Until now she had only 6 weeks holiday in July 2011. So she has been living here continuously for the last 4 and half an year. She started school in UK in 2008 and is now a Year-3 student. Ideally we should apply for her with us in Dec 2013, but would like to make early application for following reason:
1. Joint application fee is lower than separate applications.
2. If she holds UK passport, no visa will be required to visit EU countries.

We are planning for holiday to France in July 2013. So need to apply for citizenship for the younger daughter as she has got no valid visa. Hence we are thinking of joint application for both elder and younger daughters. Otherwise we all could apply in Dec 2013.

Please advise me if I am Ok to apply for my elder daughter now or wait until Dec 2013.
Regards
Bhossan

[Jambo]

Wait until you (the parents) apply. You can get a leave to remain to the UK born child but that will probably cost more than the saving on the joint application.

[JAJ]

As far as I am aware, if the older daughter is not U.K. born then she won't normally get British citizenship until one parent is becoming British.

You have two options for your children's citizenship.

1. Apply for younger daughter now, under section 1(3) and then make a section 3(1) application for your older child when you apply to become a British citizen (end-2013).

2. Wait until you apply for British citizenship, and then make an application for both children at the same time.

The total fee to get both children British citizenship under option 2 will be lower, however if you want to travel in the meantime your younger daughter will need: a. passport from her existing nationality, b. an ILR stamp, and c. (possibly) a visa from the other country.

In other words, if you are planning to travel, you probably need to take option 1 and get your younger daughter British citizenship + passport straight away. And don't book any travel until she has this.

[bhossan100]

Hi Jaj
Your understanding is correct. I know it will be safer to apply for my elder daughter with me. But I was just check if Home Office will apply discretion in favour of her if she applies early with my younger daughter. Is there any documents we can submit to make her case stronger?
Regards
Bhossan

[Jambo]

See 9.17.11-9.17.12.