BC route for minor on ILR

Any other child born to British or non-British parents
It is not possible to cover all circumstances under which the Home Secretary
might exercise discretion in circumstances not already described in this guide.
However, in considering any application not specifically covered above
consideration will be given to:
• the child’s connections with the UK – we would expect the child to be free of
any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – we expect at least 2 years
residence (particularly if the child is over the age of 13)
• any compelling circumstances
The way that discretion may be exercised is described in the Caseworker guidance
available for viewing on the GOV.UK website. These guidance documents used by
trained nationality caseworkers and do not constitute a definitive set of criteria for
registration. They must be taken as a whole. The fact that children may satisfy
certain criteria does not mean they will be registered if there are other criteria that
they do not satisfy.

It will rarely be right to register a child neither of whose parents is, or is about to become, a British citizen. However, each case must be considered on its individual merits and there may be exceptional circumstances to justify registration in a particular case such as:
• older children (16 and above) who have spent most of their life in the UK or children who require citizenship to follow a particular career such as in the
Armed Forces
• the child’s future clearly lies in the UK
• the person making the application has day-to-day responsibility for the child’s upbringing and is, or is about to become, a British citizen

You must normally register where:
• the child has completed a period of lawful residence in the UK of more than 5
years --> Has been in the UK lawfully for over 10 years
• the child has been granted settled status in the UK, and held that status for at
least 12 months (if an earlier application is made you must consider whether
there are compelling grounds to overlook this expectation, taking into account
the reasons for exercising discretion over time spent in the UK when subject to
immigration time restrictions in the naturalisation guidance) --> ILR granted Aprl'22 so we will have to wait until Apr'23
• the child’s parents have completed a period of 5 years residence and are settled
in the UK --> Both parents have settled status(ILR) and have been in the UK lawfully for over 10 years
• the child is of good character --> Yes. No convictions/criminal record
• where necessary both parents consent to the registration or any objections by
the non-applying parent are ill founded --> Yes, we will
• there is no reason to refuse on character grounds --> Same as Good Character requirement