ILR and UK born Child's Citizenship

[Gocmen]

Hi,

Is it possible to apply citizenship for my UK-born child at the same time as my ILR application?

An immigration adviser said YES, I just need to include a cover letter in the applications to ask them to process the child's application after my ILR has been approved.

Another adviser said NO, I must have ILR while applying for the child's citizenship.

I want to go for the first suggestion because of the cost of the ILR application, but I don't want to risk wasting money and time by doing an invalid application.

[vinny]

Child doesn’t require ILR. However, child requires

evidence of parent’s settled status since the applicants birth, such as:

• an indefinite leave to remain (ILR) stamp in a passport
• a Home Office letter
• a no time limit stamp
• a biometric residence permit (BRP) confirming ILR

Safer to wait.

[Gocmen]

Thanks for the answer vinny. Unfortunately, it's not an option to wait for my ILR decision because my child's BRP expires at the same time as my ILR application. That would have made her "overstayed".

I'll either add her to my ILR application and pay £2400 more, or apply directly to citizenship for her with a note that they should process her application after mine has been decided. (which looks risky)

[Ticktack]

It seems that you've made your decision already. Note that UK born children cannot overstay! In fact, they don't need to have any immigration status before applying to register as a British citizen. The only problem is that they can't leave the country, because they would find it difficult to re-enter.

But if you're ready to gamble with your money. Then the choice is yours! People here can only advise you on the best way forwards, it's left for you to make your final decisions.

[Gocmen]

Hi Ticktack, no I haven't made my decision yet. After your comment regarding overstaying, there are 3 options all with cons and pros.

1. Child applies to ILR with me:
+ I know people who did the same and got their ILR (So it's not a gamble with my money)
- It costs an additional £2400

2. Child applies to citizenship while I apply for ILR (with a note to the caseworker that s/he should wait for the ILR decision before processing the citizenship application):
+ £2400 sitting in my pocket.
- According to the document that vinny referred to, it's at the caseworker's discretion.

3. I apply for ILR, my child waits without a visa until my application is decided.
+ £2400 sitting in my pocket
+ UK born, so not considered as "overstayed"
- We can't go abroad until both applications are decided. Rougly 6 months + 6 months = 1 year.

2 - 1 - 3 is the order of the options that I desire to follow. So basically, I'm just checking if there are people who followed number 2 and got a successful decision.

[Ticktack]

1. Child applies to ILR with me:
+ I know people who did the same and got their ILR (So it's not a gamble with my money)
- It costs an additional £2400 This is no gamble. It's not a requirement. But it would make you sleep better at night if you have the money to part with
[/glow]
2. Child applies to citizenship while I apply for ILR (with a note to the caseworker that s/he should wait for the ILR decision before processing the citizenship application):
+ £2400 sitting in my pocket.
- According to the document that vinny referred to, it's at the caseworker's discretion. This is the tricky part I was referring to. Like Vinny said, it's not exactly signed, sealed and delivered. The key word here is "safer" to wait.

3. I apply for ILR, my child waits without a visa until my application is decided.
+ £2400 sitting in my pocket
+ UK born, so not considered as "overstayed"
- We can't go abroad until both applications are decided. Rougly 6 months + 6 months = 1 year. Yes, bang on the money.

2 - 1 - 3 is the order of the options that I desire to follow. So basically, I'm just checking if there are people who followed number 2 and got a successful decision.