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Discretionary Naturalisation Application

Posted: Fri Jan 26, 2024 8:51 pm
by Manjeet007
Hi All,

I have 2 daughters who came to UK 14 years ago,
They and my wife came as my dependants on tier1 visa,
They were of 3 years and 1years old respectively at time of arrival. Now my daughters are 17 and 15 years old.

We applied for ILR in 2016 which was refused cos of 322(5) allegation due to tax discrepancies in 2020 and then we went for appeal since HO gave us option to appeal the refusal, This appeal is still in court and appeal is still in process,

Last year my wife withdrew her appeal and applied for ILR on 10 year Long Residency But Home Office refused it but gave her 30 months FLR on Parents basis while me and my two daughters are still in appeal process since it taking long,

Now i have been advised by few solicitors i can apply for my daughters nationality on discretionary basis,

So i am here to ask is it possible that they can apply nationality or not and if they apply will HO will give us positive results in the scenario that their appeal is still in process since they are my dependents from start of their stay in UK?

Please give me your opinions since this forum organisers are always on spot professionally,
Your advice will be appreciated in my case.
Thanks 🙏

Re: Discretionary Naturalisation Application

Posted: Sat Jan 27, 2024 1:22 am
by Frontier Mole
Discretionary grant of naturalisation is a rare event and usually granted in the most exceptional circumstances. I don’t believe your children will be granted based on the refusal of your wife’s ILR refusal and the general approach the Home Office is taking with your case.

Immigration lawyers are not noted for their concern about a positive outcome and more bothered about their fees and the more protracted and complex a case becomes the more they earn. Be very careful about the route that is being suggested.