Immigrationboards.com

Hi,
Can anyone please help/advice regarding my 7yr old sons naturalisation application being refused.
He was born in India and have been living in the uk for last 6 yrs. Applied for naturalisation along with my naturalisation application (my decision still pending), he doesn’t have settled status but me and my wife both have settled status and my other daughter is British citizen as she was born here. I had ILR granted in 2019 and wife’s was granted jan 2023.
His dependent visa expired last January.
Following is the exact response from case worker:
“He does not meet this criteria because:
He is not settled in the UK
He has not been granted settled status in the UK, and/or held settled status for at least 12 months
is not in the UK lawfully
He has only lived in the UK for 6 years
I have considered whether there are grounds to exercise discretion to register your son as a British Citizen; however, I am not satisfied there are sufficient grounds to do so. Although your son has resided in the United Kingdom since May 2018, none of the usual expectations have been met.
No mitigation has been submitted to explain why he requires British Citizenship now and there appear to be no exceptional circumstances to justify registration at this time. Therefore, your child’s application is refused.”
Any chance of success if I go for application reconsideration?
And also what should I do next?
Thanks in advance for your help/advice.

Does your child have a valid visa? Child is expected to hold ILR under the circumstances you outlined so you need to wait until child is eligible and apply for ILR.

No, his visa has expired. I was advised by a solicitor that he can apply for naturalisation along with me and will be granted same and not to waste money on ILR which was significantly more than naturalisation fee.

You were wrongly advised unfortunately. Child needs to secure ILR status before being eligible for registration.

Oh ok, would the ILR application be declined that his visa is expired?

SET(F).