ILR was been expired last March 2017

[the_captain64]

My wife was already been naturalized as British Citizen last 2015. We have a 16 years old daughter studying on A Levels now who's ILR was been expired last March 2017. She was been in UK for 7 years now. We have just noticed it was been expired when we had our holiday back home last August 2017. She was allowed to fly back here in UK by the immigration officer on condition to sort it out her ILR/Status. It is not her fault but its our fault. My question is, instead of renewing her ILR, can she apply for Naturalization as British Citizen straightaway? The whole family is already settled here.

[vinny]

I've split your post from an unrelated topic.

My wife was already been naturalized as British Citizen last 2015. We have a 16 years old daughter studying on A Levels now who's ILR was been expired last March 2017. She was been in UK for 7 years now. We have just noticed it was been expired when we had our holiday back home last August 2017. She was allowed to fly back here in UK by the immigration officer on condition to sort it out her ILR/Status. It is not her fault but its our fault. My question is, instead of renewing her ILR, can she apply for Naturalization as British Citizen straightaway? The whole family is already settled here.

Please clarify what leave she has? Indefinite leave does not expire during a short holiday.

[zimba]

My wife was already been naturalized as British Citizen last 2015. We have a 16 years old daughter studying on A Levels now who's ILR was been expired last March 2017. She was been in UK for 7 years now. We have just noticed it was been expired when we had our holiday back home last August 2017. She was allowed to fly back here in UK by the immigration officer on condition to sort it out her ILR/Status. It is not her fault but its our fault. My question is, instead of renewing her ILR, can she apply for Naturalization as British Citizen straightaway? The whole family is already settled here.

ILR status does not expire, the card however does. She can apply to naturalise if eligible without a valid ILR BRP card

[the_captain64]

Hi,
The Indefinite Leave to Remain Card of my daughter expired. We were granted Settlement here in UK last 2011 after complying the required residency. Me and my eldest daughter who's age that time was 17 were granted 10 years ILR while my other two daughters ages 13 and 9 were granted 5 years ILR. My 13 years old daughter who's already 19 years old now was been already Naturalized British Citizen 2 years ago and my youngest daughter who's age now is 16 her ILR card was expired. She wants to apply for Naturalization anytime soon as she has already the money for her application but is she eligible to apply with the expired ILR card? Me and my eldest daughter will apply for our Naturalization within this year. I need your help.

[vinny]

I agree with Zimba88. I believe that a ILR BRP card expiring is similar to a passport expiring. An expired passport doesn't imply that a person becomes stateless. Her ILR status should remain intact by definition.

Where was your 16 year old daughter born?

[the_captain64]

hI,
My daughter was born in the Philippines, she arrived in UK last December 2010 as dependant of my wife.

[vinny]

I believe an expired ILR BRP card is also similar to an expired ILE.

Your daughter's ILR status has not lapsed, even if the ILR card has expired. There were no grounds to cancel it. The Immigration Officer should have admitted her as a returning resident, noting paragraph 18A.
Her ILR status should be intact.
Her mother is British and father has ILR.
She has resided in the UK for over two years.
Therefore, she may register now, before turning 18.

[the_captain64]

HI,

Thank you for the information you've shared to me it gives me a clear and peace of mind as well. Thank you once again.

[vinny]

She was allowed to fly back here in UK by the immigration officer on condition to sort it out her ILR/Status.

What did the Immigration Officer write or stamp in her passport?