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Does a child has to have ILR while parent & child apply for naturalization. Child is born outside UK. but she has valid visa while applying.

My situation is following.

My visa Tier 1 extension expire 10/10/2013.
I am eligible for ILR 10/12/2013.
For two month i am going for another extension; with my wife & child.
I am sure i need to apply ILR for me & wife on 10/12/2013

When i apply Naturalization on 10/12/2014, myself & wife will have ILR for one year, but not my child. Does she has to have ILR for naturalization. Or her Tier 1 depedent visa whihc will be valid till 10/10/2014.

sbaliahamed wrote:Does a child has to have ILR while parent & child apply for naturalization. Child is born outside UK. but she has valid visa while applying.

My situation is following.

My visa Tier 1 extension expire 10/10/2013.
I am eligible for ILR 10/12/2013.
For two month i am going for another extension; with my wife & child.
I am sure i need to apply ILR for me & wife on 10/12/2013

When i apply Naturalization on 10/12/2014, myself & wife will have ILR for one year, but not my child. Does she has to have ILR for naturalization. Or her Tier 1 depedent visa whihc will be valid till 10/10/2014.

As far as i know since the child was not born inside UK he/she will need ILR to apply for naturalization. Can some senior member confirm this please.
Also i dont understand how the child will have a valid visa on 10/12/2014 (when you apply for nat) because you mentioned that the child's visa will expire on 10/10/2014.

Thank you Shahid for your reply.

Sorry one correction child will have visa till 10/10/2015, Since i will apply entension for me, my wife and child on 10/10/2013.

Only thing is i don't want to apply ILR for child considering having visa for her beyond her naturalization date of the parent.

It is not stated clearly anywhere (that i have read) whether the child will need ILR or not in such a scenario. A friend of mine is in a similar situation and i was looking for something that might help her a few weeks ago. I have read in some posts on the forum though that the child will "usually" require ILR.

Here is an extract from MN1 guide which might give you a better idea.

"Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of British
citizenship” above) to be registered as British citizens as part of a “family application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British citizenship,
or if one parent holds British citizenship and the other is settled in the UK."

I suggest you download MN1 guide and have a read through it.

See also Q1: Can my son apply for naturalisation?

Shahid,

Again thanks for your answer. yes i have gone through as much as i can in UKBA website, there is no where it is mentioned specific resident requirement for under 18 who is born outside UK.

But your extract clearly shows that there is no specific requirement for child under 18.

I wonder do i need to apply extension for her? Sorry to be bit cheeky.

Vinny,

I gone through the link. It says may require ILR. What if i have visa for her & we become british citizen. Then she automaticlly qualify right. Thank you anyway for your answer

I know it will be expensive but if i were you i would definitely apply for the child.
There is also the subtle technicality that once you are on ILR then basically you are not on Tier1 and thus child is not technically a Tier 1 dependant. This might cause some issues too as i have read in some posts on the forum.
The decision is yours to make.

sbaliahamed wrote:Vinny,

I gone through the link. It says may require ILR. What if i have visa for her & we become british citizen. Then she automaticlly qualify right. Thank you anyway for your answer

If neither parents were British at child's birth, then, unfortunately, for a child born outside the UK, British Citizenship is not an automatic right. It will be Subject to discretion (3(1)).