Immigrationboards.com

Hello all, I hope someone could help me with a confusing situation.
I am eligible for citizenship May2012. My wife and child became my dependents only last year (Aug 2011) and both of them currently have only limited leave to remain. Until then, my wife was on her independent HSMP visa and our child was her dependent (although we have been married for the last 7 years). She is hoping to apply for ILR on the 10 year rule in Oct. Our child is 5 years, was born outside of the UK but has been in the UK for the last 4.5 years.
My query is, provided I get citizenship in May 2012, and my wife gets ILR in Oct, can our child directly apply for citizenship bypassing ILR status. Many Thanks.

Your child will apply for registration under section 3(1) which is by discretion. There are no formal requirements but the HO would normally expect the child to be free from immigration control (i.e ILR). However, in your case, if you apply after your wife has been granted ILR, they might approve the child application even without ILR.

See more about the caseworker instructions in 9.17.24 - Conditions of stay.

You will take a risk applying without ILR. I can't estimate what are the changes for approval are.