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My daughter came to UK when she was one. She has been here for 4 years. In the normal way we would wait another year for her to get indefinite leave, and then another year to apply for citizenship. However, I'd like to apply for her to be naturalised through the discretion route for the reasons outlined below; can someone experienced advise me for or against it please?

Reasons:
- my daughter has a medical condition that need regular checks (twice a year these days) and is on regular medication that she gets through NHS. This is one reason why I think she should be given discretion.
- another reason is her passport from our home country has expired for over a year now and is proving impossible to renew through the consulate in London without me (as her father) going back to my home country to do the paperwork. Gping back there for me is not viable because it means I'll need to leave work for a few weeks and it's pretty much unknown how long paperworks would take there meaning I won't be able to just take two weeks as annual leave as it might take considerably longer. Also, as a British citizen living in this country having to leave the country for some paperwork that should really be done through the consulate is just absurd and a shortcoming of my home country. I will just wait a couple of years for her citizenship and not renew her original passport but that does mean we cannot go for any travel with her in the meantime. And this summer is a good opportunity for us to visit a couple of places in the EU.

With the reasons above, do you think I have a chance to naturalise my daughter via the discretion route? If I apply and don't get it, it will mean money lost. I'd like to only take the risk if I know I have a good chance.

Also, does getting refusal for a discretion route affect her prospects at all when we apply the normal way after getting indefinite leave?

Many thanks in advance for your help.

What is the other parents immigration status?

What visa does your child have currently?

Children born abroad are expected to hold ilr before they can apply for citizenship and both parents need BC or ilr as well.

If she has a valid visa, she is free to receive treatment and being British doesn't change that, so your argument would be weak.

A child born abroad also requires a valid passport for ilr and citizenship

Other parent is on a spouse visa, and will be due to apply for ILR at the same time as my daughter.

Her visa currently is a family visa and came with her mom to join me.

Yes she does receive the treatment with her current visa but I was hoping getting the citizenship secures her stay and we don't need to worry about any future ilr and applications.

Now you raise a very good point, if she needs a valid passport for her applications then I might need to renew her passport regardless oh how much I hate to go back for this!

There is no shortcut route for her. She will follow the same route as her mother and need ILR first.

Once they have ILR, they can apply for citizenship immediately if your spouse meets the 3 year residence requirement.

Yeah I suppose this will be the case

3 years? Isn't it 5 years residence for citizenship though? Not that it matters as they'll both have been here for over 5 years but rules changed in 2012 and residence requirement is 5 years now. Out of which 450 days could have been spent outside the UK, but overall it's 5 years. I wonder of by 3 years you mean 5 minus the absence?

Anyway, thanks for your help.

3 years if married to a British citizen.

5 years if not, which must include 1 year on ilr.

OK thanks a lot
While I've got your expertise last question if I may..
So wife will be applying as a spouse of British citizen, therefore don't need to wait 12 months after getting ILR. But since my daughter will also need to be included in the application as a dependant, does it also include the child to not have to wait 12 months and apply immediately? When I check the government website requirements distinguish spouse and the rest, couldn't see dependant specific requirements, if any different from spouse's.

Thanks a bunch!

Oh I just re-read one of your other replies and you already mention they can both apply immediately. So thanks