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Application for registration under discretion refused

Posted: Tue Apr 23, 2024 12:37 pm
by Sunnyo
Good afternoon all. I'm in a bit of a dilemma here and would appreciate any valuable advice from the gurus here.

In 2014, I applied for my wife and daughter (who was 14 months old at the time) born outside the UK to join me here as dependants. I renewed my wife's visa in 2016 and she subsequently got ILR and went on to naturalise as British citizen. Unfortunately, based on wrong advice I got from friends, I did not extend my daughter's stay as I got advice that once both parents get British citizenship and she is still a minor, she would not have problem being registered as British citizen.

We recently submitted an application for British citizenship for her under the Home secretary's discretion and it has been refused with one of the reasons being that she does not have settled status. She is 10 years old, getting to 11 now and has been with us in the UK since she was 14 months.

We are confused now and don't know the next step to take.

Re: Application for registration under discretion refused

Posted: Tue Apr 23, 2024 12:48 pm
by alterhase58
Children born outside the UK are expected to hold ILR or EUSS at time of application.

Re: Application for registration under discretion refused

Posted: Tue Apr 23, 2024 1:26 pm
by contorted_svy
Sunnyo wrote:
Tue Apr 23, 2024 12:37 pm
Good afternoon all. I'm in a bit of a dilemma here and would appreciate any valuable advice from the gurus here.

In 2014, I applied for my wife and daughter (who was 14 months old at the time) born outside the UK to join me here as dependants. I renewed my wife's visa in 2016 and she subsequently got ILR and went on to naturalise as British citizen. Unfortunately, based on wrong advice I got from friends, I did not extend my daughter's stay as I got advice that once both parents get British citizenship and she is still a minor, she would not have problem being registered as British citizen.

We recently submitted an application for British citizenship for her under the Home secretary's discretion and it has been refused with one of the reasons being that she does not have settled status. She is 10 years old, getting to 11 now and has been with us in the UK since she was 14 months.

We are confused now and don't know the next step to take.
Child needs to be ''settled'' (ie have ILR). Apply for her ILR and then resubmit. Shame you received incorrect advice and wasted the fee.

Re: Application for registration under discretion refused

Posted: Tue Apr 23, 2024 1:32 pm
by Sunnyo
[/quote]

Child needs to be ''settled'' (ie have ILR). Apply for her ILR and then resubmit. Shame you received incorrect advice and wasted the fee.
[/quote]

Thank you for this advice.

Seeing that I did not renew her dependant visa at the expiration of the initial 2 years visa in 2016 and she has been here all this while without visa, can I apply for ILR straight or restart her on a new 5 years dependent route after which she can apply for ILR?

Re: Application for registration under discretion refused

Posted: Tue Apr 23, 2024 2:00 pm
by contorted_svy
I think so, although I am not an experts on routes on ILR.