Children born outside UK - Apply Citizenship without ILR

[rplshetti]

Hi,

My scenario could be normal, but based on the point given at 9.17.26 of https://www.gov.uk/government/uploads/s ... 150402.pdf, I got a question and would like to clarify here.

Here is the scenario:
I am on ILR
My hushand is British Citizen got a year back
My first child is British Citizen (Born in UK)
My second child is on Tier 1 (General) dependent valid till next year. He born outside UK

I am looking to get British Citizenship to my second child. I have gone through the FAQs and other disucssions on this forum and conculded that my second child has to be free from immigration. In this case, my second child has to get ILR before applying for British Citizenship.

I am eligible for British Citizenship and planning to apply now.

However, after looking at below points in the law:

9.17.25 We should therefore normally refuse an application for the registration
of a minor whose stay in the United Kingdom is restricted to a specific
period.

9.17.26 But if one or both parents are British citizens who have come to the
United Kingdom to live permanently, then this may be less important,
if:
a. the minor meets the other normal criteria for registration set out
in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above,
then we should consider whether registration would be
appropriate.


I am thinking to apply for British Citizenship to my second child without ILR along with my applicaiton.

By considering above points, my second child future lies in UK and both parents are/about to become British
citizens, can I directly apply British Citizenship for my second child without ILR along with my application?

Are there any chances to get it approved/refused for him.

Please can any of you advise.

Many thanks

[noajthan]

Hi,

My scenario could be normal, but based on the point given at 9.17.26 of https://www.gov.uk/government/uploads/s ... 150402.pdf, I got a question and would like to clarify here.

Here is the scenario:
I am on ILR
My hushand is British Citizen got a year back
My first child is British Citizen (Born in UK)
My second child is on Tier 1 (General) dependent valid till next year. He born outside UK

I am looking to get British Citizenship to my second child. I have gone through the FAQs and other disucssions on this forum and conculded that my second child has to be free from immigration. In this case, my second child has to get ILR before applying for British Citizenship.

I am eligible for British Citizenship and planning to apply now.

However, after looking at below points in the law:

9.17.25 We should therefore normally refuse an application for the registration
of a minor whose stay in the United Kingdom is restricted to a specific
period.
...

I am thinking to apply for British Citizenship to my second child without ILR along with my applicaiton.

By considering above points, my second child future lies in UK and both parents are/about to become British
citizens, can I directly apply British Citizenship for my second child without ILR along with my application?

Are there any chances to get it approved/refused for him.

Please can any of you advise.

Many thanks

Many reported cases of refusals have been posted in the forum; one or two rare successes reported;
(finding them is left as an exercise for the interested reader).

If your driver is saving cost of ILR then think carefully of risk versus return.

[vinny]

Risky.

[rplshetti]

Thanks very much for the replies.

I understand that it is a risky after going through the link you have given.

Actually I have planned to apply ILR first and then BC. Before applying ILR, I wanted to chek if there is any alternative is available to apply BC directly to save ILR cost.

I have approached one OISC regulated adviser and they suggested that
"Applying directly without ILR is an option in this case due to your son ties to the UK as this will be taken into consideration as well. This means whilst we cannot guarantee that your son's application will be granted, what we will do is assist in placing that application in the strongest possible position for a positive outcome."

Is it good to go through them and apply BC without ILR or can we go to ILR and then BC. Your advise would be greately appreciated.

Many thanks

[noajthan]

Play safe, ILR first.

Noone can say they can sway the discretionary power the caseworker wields on behalf of Home Secretary.

[vinny]

There may also be further complications, if they become overstayers for longer than 28 days.

[BIG Dobby]

Thanks very much for the replies.

I understand that it is a risky after going through the link you have given.

Actually I have planned to apply ILR first and then BC. Before applying ILR, I wanted to chek if there is any alternative is available to apply BC directly to save ILR cost.

I have approached one OISC regulated adviser and they suggested that
"Applying directly without ILR is an option in this case due to your son ties to the UK as this will be taken into consideration as well. This means whilst we cannot guarantee that your son's application will be granted, what we will do is assist in placing that application in the strongest possible position for a positive outcome."

Is it good to go through them and apply BC without ILR or can we go to ILR and then BC. Your advise would be greately appreciated.

Many thanks

rplshetti

Dont give your money to those greedy solicitors as it is discretionary. If I will come in, your child should apply with you. The ties those solicitors were talking about included your other child (and father) who is/are British citizen(s) - also school ties/UK residence. I would describe an application to register your son under sec 3(1) as pretty much automatically agreed (strongly indicated) under normal rules for discretion.

This is my opinion... I dont want anyone to attack me. You are even settled; you should be happy. My wife n child are not settled and I am very hopeful.

[Casa]

Play safe, ILR first.

Noone can say they can sway the discretionary power the caseworker wields on behalf of Home Secretary.

+1 Wise advice.

[BIG Dobby]

Hi,

My scenario could be normal, but based on the point given at 9.17.26 of https://www.gov.uk/government/uploads/s ... 150402.pdf, I got a question and would like to clarify here.

Here is the scenario:
I am on ILR
My hushand is British Citizen got a year back
My first child is British Citizen (Born in UK)
My second child is on Tier 1 (General) dependent valid till next year. He born outside UK

I am looking to get British Citizenship to my second child. I have gone through the FAQs and other disucssions on this forum and conculded that my second child has to be free from immigration. In this case, my second child has to get ILR before applying for British Citizenship.

I am eligible for British Citizenship and planning to apply now.

However, after looking at below points in the law:

9.17.25 We should therefore normally refuse an application for the registration
of a minor whose stay in the United Kingdom is restricted to a specific
period.

9.17.26 But if one or both parents are British citizens who have come to the
United Kingdom to live permanently, then this may be less important,
if:
a. the minor meets the other normal criteria for registration set out
in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above,
then we should consider whether registration would be
appropriate.


I am thinking to apply for British Citizenship to my second child without ILR along with my applicaiton.

By considering above points, my second child future lies in UK and both parents are/about to become British
citizens, can I directly apply British Citizenship for my second child without ILR along with my application?

Are there any chances to get it approved/refused for him.

Please can any of you advise.

Many thanks

I got my child's certificate when neither my wife nor the child has got ILR. I uploaded evidence to avoid doubt.

see link: http://www.immigrationboards.com/britis ... l#p1433622

I think you have a stronger case than mine

Good luck

[rplshetti]

I just want to update here. Due to the worry and not straightforward, I have applied my son's citizenship application along with me via solicitator and it has been approved without ILR for my son.

Thanks a lot for all your replies and advise.

[vinny]

Congratulations!

[ALI97]

Hi. rplshetti
Firslty i want to congratule you for your son success.
I applied mn1 for my three kids born ouside without ilr still waiting outcome.can you share your timeline please when you applied for your bc and gave your biometric .
Thanks
Ali

[rplshetti]

Hi,

Applied on 17th November
Biometrics were done in first week of December
Received approval letter on 13th January.

Hope it is helpful.

[ni_uk]

@rplshetti
What would be chances to get BC without applying for ILR for the two children, (born abroad) on T1 (G) dependant status whose only one sibling (born in UK) is registered as BC while father is BC and mother is on ILR. The fee for ILR of two children would be about £4500, a hell of amount! Thanks in advance!

[BIG Dobby]

Hi. rplshetti
Firslty i want to congratule you for your son success.
I applied mn1 for my three kids born ouside without ilr still waiting outcome.can you share your timeline please when you applied for your bc and gave your biometric .
Thanks
Ali

Two or three kids?