Immigrationboards.com

Hi,

Myself & my wife got ILR and I was planning to apply ILR for my daugther who was on Tier 1 dependent visa. But I came across this thread on that children outside UK doesn't need to have ILR to qualify for citizenship.

http://www.immigrationboards.com/britis ... l#p1011322

My question to the experts are If I get my citizenship & my wife will be in ILR, will it be problem for my daughter to apply citizenship directly from Tier 1 dependent visa? Any experience of people other than the thread I have mentioned above?

Appreciate any inputs on this.

Thanks,
-Senthil

My personal opinion is that you are taking a risk and seem happy to lose a large fee if refused. Even though you have come across the link and there have been a couple of approvals without the children having ILR, there have been many refusals for children without ILR, one recently who was refused for all three his children (£669 X 3).

The rules are there, children born abroad are expected to have ILR. Applications for registration under section 3(1) are solely at HO discretion. There is no appeal process for refused citizenship applications, only a request for reconsideration (at a fee) and even then there is no guarantee.

The choice is yours but I would not risk it if it were me and suspect that at some point HO will potentially close this little loophole that is being bandied around, which is only the caseworker instruction document.

Hi CR001,

Yes after reading through that thread only I am exploring about this new option. I was not aware of it till I read that thread.

Are you talking about the refusal from this thread?
http://www.immigrationboards.com/britis ... 82163.html

In this the wife doesn't have an ILR and I think it is correct as per the guidance given that atleast one parent should be BC and other parent can be ILR which seem to be missing in this case.

In my case I would be satisfying this requirement, like you have mentioned it is a risk I am also bit skeptical about it.

That's why trying to find out from the wider forum to see what the experienced members take on this and also anybody else have used this option?

Thanks,
-Senthil

Yes that is the thread but there have been others where parents were settled and only one apply for citizenship with child (no ILR) and were refused and even reconsideration was refused.

To be honest, I would do a postal ILR for your child (to reduce the cost) and then apply for citizenship after that, but again, this is my opinion and the way that I did for my daughter because I would rather follow the rules prorperly, than lose so much money because I thought it would be easier to circumvent the rules especially with an application based on discretion.

Much less chance of refusal based on discretion if the child has ILR.

You need to remember that there is pressure on HO to keep numbers down and will most likely lead to far more scrutiny of applications that don't quite meet the requirement.

Again, your choice and you would need to decide how risk averse you are.

Thanks CR001 for the advice. I still haven't decided whether to apply ILR or not, I am not completely sure about postal applications on the timeline for ILR that's why wanted to do it in PEO. All my passport/visa will be held up in home office till they decide the application.

Just for information how long did ur child postal application took? and when did u applied it? trying to find the timelines if I make the application through postal.

I applied for ILR in person for myself and my daughter (£2,025) in March 2012. Applied for my citizenship in October 2012, received approval within 5 weeks or so and attending ceremony beginning of December 2012.

In March 2013 I applied for British registration for my daughter (17 yrs old) through NCS, received approval in 6 weeks.

It really is difficult to say regarding timelines. Some people get a response fairly quickly, others wait months.

Thanks CR001. I am concerned about the time it will take for the postal ILR application to approve. Also I would have to give up both our passports & BRP card during this time. How long it take for your daugther ILR through postal?

ILR in person for myself and my daughter

In person, not postal