Page 1 of 1

Registration under discretion, children with settlement and residence

Posted: Sun Aug 20, 2023 9:13 pm
by razergd1
A bit of background, me my wife, and our oldest child currently have ILR. We have two other children who are British as they were born in the UK and we registered them as soon as we got ILR.
Due to the associated cost, we are considering applying for our oldest daughter's registration under discretion without applying for naturalization.
Few questions.
a. Is it possible? the guidance mentions that "The child has been granted settled status", however, it is not clear to me whether settled status means settled status under the EU is this excluding ILR?
b. Can they refuse an application under discretion, if we meet all the conditions in the guidance under "Children with settlement and residence section"? and if so what can be a common reason?
c. Also I realised that this option does not appear in the online form. The closest is a child applying in line with a parent should I then choose Other - Registration under the discretion and explain in cover letter/note?

Thanks!

Re: Registration under discretion, children with settlement and residence

Posted: Sun Aug 20, 2023 9:45 pm
by alterhase58
What age is your daughter?
Settlement is either UK ILR or EU Settled Status which is ILR as well.

Re: Registration under discretion, children with settlement and residence

Posted: Sun Aug 20, 2023 9:47 pm
by razergd1
She's 11 years old, starting secondary school in September.

Re: Registration under discretion, children with settlement and residence

Posted: Sun Aug 20, 2023 9:50 pm
by alterhase58
Note children are only registered, not naturalised. The cost is around £1030.

Re: Registration under discretion, children with settlement and residence

Posted: Sun Aug 20, 2023 10:03 pm
by razergd1
alterhase58 wrote:
Sun Aug 20, 2023 9:50 pm
Note children are only registered, not naturalised. The cost is around £1030.
Hey sorry, I meant without applying for a parent naturalization in line with the child.

Re: Registration under discretion, children with settlement and residence

Posted: Tue Aug 22, 2023 11:52 am
by secret.simon
Has your daughter resided in the UK for at least ten years?

Re: Registration under discretion, children with settlement and residence

Posted: Tue Aug 22, 2023 10:19 pm
by razergd1
No, but the guidance now allows to register a child after 5 years as long as the child resided 5 continues years and both the child and parents are settled.
However, the wording is confusing because it says the child has been granted settled status in the UK. My daughter is settled with ILR not under EU settlement.

Please see page 16 of the MN1 guidance (PDF version). I think it's new.

Myself my wife and the child have ILR. We have 2 other children who are British we live in the UK 8.5 years.

Re: Registration under discretion, children with settlement and residence

Posted: Tue Aug 22, 2023 10:37 pm
by meself2
razergd1 wrote:
Tue Aug 22, 2023 10:19 pm
However, the wording is confusing because it says the child has been granted settled status in the UK. My daughter is settled with ILR not under EU settlement.
Guidance:
the child has been granted settled status in the UK, and held that status for at
least 12 months
https://www.gov.uk/indefinite-leave-to-remain
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’.
ILR is another form of settlement. I don't see any explicit reference to EUSS in teh guidance you mentioned. Can you show me where it specifices child should be settled via EUSS?

Re: Registration under discretion, children with settlement and residence

Posted: Wed Aug 23, 2023 7:14 am
by Amber
It is potentially possible, you are correct that “children with settlement and residence is potential” see page 29 of the caseworker guidance for further details - https://assets.publishing.service.gov.u ... ildren.pdf