Immigrationboards.com

Hi Guys;

I need your expert advise on my case; In a nut shell I applied via 10 year residency for my ILR and then my Wife and daughter are FLR(M) dependent
I applied for my and daughters naturalization last year in June 2014 and yesterday finally I have received the letter from Home office regarding my application.
They have made my application successful but they have rejected my daughters application under section 3(1).

The reason presented for rejecting her application is that she is not settled in this country i.e. she does not hold ILR and they said Sufficient grounds could not be found to exercise discretion in this case and the application is therefore refused.

Also they have mentioned that the minor will normally not be registered if, as appear in this case, one of their parents is not settled in the UK as defined by the immigration laws.
and at the end of the letter they stated that a fresh application can be made if both my daughter and her mother become settled in the UK. I cannot say what decision might be then as it would depend upon the circumstances at that time.

Can you please give me the expert advise on how to get my daughters British passport? As now in few weeks time I will get the passport.

Also just to add my Wife is here in this country since Sep 2009 and my daughter is born outside UK but in UK since she was 6 months in DEC 2011 but my wife has some long gaps in between.

Please help Thanks, it will be much appreciated.

When will you apply for ILR for your spouse and child, as advised previously in this post

http://www.immigrationboards.com/indefi ... ml#p949512

Children born abroad are expected to hold ILR to qualify for citizenship.

I was not planning to apply for ILR for my child as I was wondering with my naturalization I can get her registered. under 3(1) and save money too

I have not planned yet when to apply for my wife for ILR too, cause due to some gaps I was not sure if they will get it or not so I was wondering if I get the passport then I can apply for my Wife.

Also If I get the ILR for my wife and daughter, Do I need to wait for a year again for naturalization for my daughter or can I get it done straight away? Thanks

any advise please?

With the new rules, your wife has to be on Flr(m) for 5 years, then she can apply for ILR. For your daughter is the same, she'll have to apply for ILR before she can apply for citizenship. The children born in UK can apply citizenship once one of the parent get the ILR. The children born after one of the parent have ilr are british citizen by birth.

But is it not the old rules will apply on them as they both were here before 2012

Also what if I get the passport first then will there be a shorter route to apply directly?

zohaib001 wrote:But is it not the old rules will apply on them as they both were here before 2012

Those rules are okay for ILR, but for MN1 the Caseworkers have had the option to use discretion if they were satisfied that parents are "nearly settled" in UK. It seems from posts in this forum that this discretion has not been exercised for past year or so now.

zohaib001 wrote: Also what if I get the passport first then will there be a shorter route to apply directly?

Not going to help anything I am afraid.

Personally I very strongly suggest you get your wife's ILR first.
My friend a few years ago got Citizenship for himself and his two years born abroad son, when his wife was not on ILR. He suggested the same to me, but looking at change of wind in political atmosphere, I decided against it and went of PEO/Same Day appointment and got my wife ILR, then I applied for myself and MN1 for my then two/three years old daughter. We both got approved without problem, since both parents were on ILR at the time of MN1 application.

Thanks for your reply

But then the question comes in my mind that once I am British then my child becomes British too? as the child of the British father?

zohaib001 wrote:But then the question comes in my mind that once I am British then my child becomes British too? as the child of the British father?

What you quote, would apply if your child was born after you acquired ILR or BC. In that case the child would be British by birth. This doesn't apply to your child based on the information provided in this thread.

zohaib001 wrote:Thanks for your reply

But then the question comes in my mind that once I am British then my child becomes British too? as the child of the British father?

Click here and read in detail, please.