Immigrationboards.com

Posted: **Wed Nov 27, 2024 10:00 pm**

Hello All,

I came to UK in 2011 and got my ILR in 2021 and my british citizenship in 2022.

I have a child who was born outside UK (2018) and when she was born, I was still on Tier 2 general visa in UK. Both my wife and Child came to UK in 2019 on Tier 2 dependent visa and they have been staying here till date (5 years completed). My wife got ILR last month. When I applied ILR for my wife,I also provided a letter to UKVI that I am planning to apply citizenship for my daughter along with my wife next. My understanding is that I can apply citizenship for my daughter and my wife together so ILR for daughter is not needed. Could you please confirm if this is correct?

I read that this is home secretary discretionary approval. I believe that our application states the intention clearly to stay settled in UK as my wife and daughter is applying citizenship together and I am already a british citizen. Any similar success stories or complexities in this situation?

Thanks in advance.

Posted: **Wed Nov 27, 2024 10:11 pm**

India_123 wrote: ↑
Wed Nov 27, 2024 10:00 pm
Hello All,

I came to UK in 2011 and got my ILR in 2021 and my british citizenship in 2022.

I have a child who was born outside UK (2018) and when she was born, I was still on Tier 2 general visa in UK. Both my wife and Child came to UK in 2019 on Tier 2 dependent visa and they have been staying here till date (5 years completed). My wife got ILR last month. When I applied ILR for my wife,I also provided a letter to UKVI that I am planning to apply citizenship for my daughter along with my wife next. My understanding is that I can apply citizenship for my daughter and my wife together so ILR for daughter is not needed. Could you please confirm if this is correct? Not correct - child needs ILR as born outside the UK.

I read that this is home secretary discretionary approval. Correct if child has ILR I believe that our application states the intention clearly to stay settled in UK as my wife and daughter is applying citizenship together and I am already a british citizen. Any similar success stories or complexities in this situation? There's not complexity here. The rules are clear. Applicants have been refused.

Thanks in advance.

Guidance: https://www.gov.uk/government/publicati ... 1-guidance

Posted: **Fri Nov 29, 2024 9:49 am**

India_123 wrote: ↑
Wed Nov 27, 2024 10:00 pm
I read that this is home secretary discretionary approval

Discretion does not mean that there are no rules. It does not mean that the outcome of the case can decide on whether the Home Secretary or caseworker has a headache or is in a good mood.

It means that the Home Secretary can make the rules for these cases without parliamentary approval. And currently, the child is either
(a) expected to have ILR or Settled Status, OR,
(b) both the parents and child need to have completed 10 years of legal residence in the UK, OR,
(c) there are compelling compassionate reasons to register the child as a British citizen without meeting the two requirements above.

Saving your money (and effectively depriving the Home Office of its income) is not seen as a compelling compassionate reason.

Posted: **Fri Nov 29, 2024 12:12 pm**

This is a frequently asked question and the safest way to secure an approval is to obtain ILR for children born outside the UK. It is not a formal requirement which causes some ambiguity for applicants, however as @secret.simon noted, it is an expectation that the HO have for these applications. Applying for registration is not an easy way around avoiding ILR fees for children. Only minors born in the UK have an entitlement for registration - everyone else needs to fulfill these expectations.

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