Child Registration - Dependent visa

[rajd76]

Hi all,

I have recently acquired british citizenship by naturalisation and my wife is on dependent visa for last 6 years. My wife is going to apply for her ILR soon.

Once she has obtained her ILR, Can we register our child (10 years) born outside UK who enterted UK on dependent visa for last 7 years using british citizen under MN1 section 3(1) under - Registration at the Home Secretary’s discretion – Section 3(1) application.

Is there any requirement to apply for her ILR before her registration.

I'd gone through numerous post but some of child are born here or they already hold ILR. I couldn't find answer to this particular scenario,.


Any help is appreciated. Thanks.

[secret.simon]

Is there any requirement to apply for her ILR before her registration.

Highly recommended. Ideally done with mother's ILR application.

See Pages 14 & 16 of the Guide MN1.

[rajd76]

Sorry but I would like to know if I can submit my child registration form when my wife is applying for her naturalization once she had got ILR.


I'm not in hurry since my daughter is visa expiring after year and I had enough time to apply my wife ILR. Once she had obtained her ILR, she can apply for her naturalization and at the same time, I can apply for my daughter registration.

In this way, I don't have to obtain ILR for my daughter and would save few pounds.

[secret.simon]

Children born outside the UK are expected to be free of immigration control (Page 16 of the Guide MN1 that I linked to above). In other words, ILR before registration. Having said that, there has been a recent success on these forums of a child without ILR being registered because the rest of his family was already British.

But if the registration fails because of lack of ILR, there is no appeal AND you will then have to pay for both ILR and registration again.

Children 10 years and older also have to meet the good character requirements.

[CR001]

Sorry but I would like to know if I can submit my child registration form when my wife is applying for her naturalization once she had got ILR.

In this way, I don't have to obtain ILR for my daughter and would save few pounds.

Children born abroad are expected to hold ILR (i.e. free from immigration time restrictions). If child's MN1 is refused and her dependent visa has expired, you have a big problem, particularly as it is an older child rather than a 2 year old for example. A 10 year old child is subject to the Good Character criteria.

[vinny]

They expect a child to also have ILR under 3(1).

[noajthan]

In this way, I don't have to obtain ILR for my daughter and would save few pounds.

Understandable but ill-advised motive to avoid the expected settled status for a foreign born child.
Many failures reported by those adopting such an approach.
Example:
http://www.immigrationboards.com/britis ... 10165.html

Such costs should be factored into the cost-benefit analysis performed before any decision to migrate.