Registration as UK Citizen for Children born in the UK before parents ILR application is approved

[Pogaku_S]

Dear Admins,
I am applying for ILR in 10 year long residence route. Due to suspended priority/super priority services, I am choosing Standard service and it may take maximum six months to make a decision on my application. I have dependant child who was born in the UK and his current visa expires at the same time of mine. Because it is possible that I may not get decision before my child current visa expires, I am planning to apply for my child registration for UK citizenship assuming that my ILR application will be approved.

1)Please can you advise, is it acceptable to apply for a UK citizenship registration for child born in the UK before one of the parent gets their ILR or not?

If the answer is YES to the above question, can you please advise me on the following question please.

2) I was going through the online application, in one of the section it is asking for the date when the parent ILR is approved?. Since my ILR is still pending, what should I enter here? Can I write my ILR submission date and explain the reasons for entering this date in the covering letter?

I was not finding a suitable answers to the above questions anywhere in the form. Could you please advise on above questions please.

Your support is highly appreciated.
Thank you in advance.

[vinny]

No. Registrations under Section 1(3) require evidence of a parent’s ILR.

[Pogaku_S]

Thanks Vinny for swift reply.

I have found following guidelines from the Home Office website (guidelines for their staff regarding Registration as British citizen: children). Please read page 11 of this document (section: Parent applying for indefinite leave to remain or confirmation of permanent residence).

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Parent applying for indefinite leave to remain or confirmation of permanent residence
It is possible that a parent may apply for indefinite leave to remain (ILR) or confirmation of permanent residence (PR) either at the same time as applying for the registration of a child or before an application has been decided. In these circumstances, the parent's application for ILR or PR must be determined first as the outcome could affect the child’s registration application. A senior caseworker should be consulted for advice in this situation.

as per the above guidelines, I assume that we can sill apply for children UK registration before parent ILR application is determined. But not finding any similar advise in any of the forums.

Thanks

[vinny]

Well spotted. I had stopped looking after seeing the word “must” in an earlier section of the Guidance:

Evidence required under section 1(3)

Applications under section 1(3) must be supported by the following evidence:

• child’s full birth certificate showing birth in the UK, parents details and registration in the 12 month period following birth
• evidence of parent’s British citizenship since the applicant’s birth, such as:
  • a British passport
  • a naturalisation certificate
  • a registration certificate
• evidence of parent’s settled status since the applicants birth, such as:
  • an indefinite leave to remain (ILR) stamp in a passport
  • a Home Office letter
  • a no time limit stamp
  • a biometric residence permit (BRP) confirming ILR
• a marriage certificate, if:
  • the parent on whom the claim is based became a British citizen or settled in the UK after the child was born
  • the child was born prior to 1 July 2006 to a father who is a British citizen.

Wonder what a senior caseworker will decide on this inconsistency?

[vinny]

Because it is possible that I may not get decision before my child current visa expires, I am planning to apply for my child registration for UK citizenship assuming that my ILR application will be approved.

Note that a citizenship application is not an immigration leave to remain application. It will not prevent a child from overstaying. However, overstaying will not affect child’s entitlement to register.

[Pogaku_S]

Thanks again Vinny for your advice.

I am thinking a covering letter explaining my ILR application with Home office reference no. may satisfy that requirement. As said in the guidance, they need to wait until a decision is made on my ILR application anyway.

The only risk I feel is if these applications are dealt by different departments of Home Office, case worker may simply reject saying parent is not settled yet without checking all the details.

If I go with applying for UK Citizenship registration and if it is rejected based on above reasons, is it going to have any effect on his stay here or his next application when he is eligible, please advise.

Can you please advice me what are the other options I have for child visa extension.

I am applying for FLR(M) for my wife and my other child born outside UK, since they also in the same situation and not eligible for ILR-10 years route. Do I need to include my second child born in the UK also in my wife FLR(M) application to extend the stay if he is not eligible for UK citizenship directly now? or can he stay without a valid Visa until my ILR is processed since he has born in the UK?

I have to pay for his FLR(M) visa, IHS charges and again UK Citizenship registration charges once he is eligible, which I feel unnecessarily. Please advise.


Thanks

[vinny]

How old is your UK born child?

Similar considerations.

Further info.

[Pogaku_S]

Thank you Vinny for further information. My UK born child is 6 years now.

Because my chiId visa may expire before a decision is made on my ILR, I was thinking earlier applying for BC registration for my child. But now I realised that it will not prevent my child from overstaying.

Even though overstaying will not affect child’s entitlement to register (as you suggested), I still feel it is risky.

I am thinking now applying for visa extension for my UK born child as well along with my other family members (FLR(M)) and apply for BC once my ILR is approved, just to avoid any possible rejections and overstaying remarks, even though it costs huge extra money (FLR(M) fee, IHS charges, etc)

Please advice me if there are any other options.

Thank you very much for your help and advice.

[vinny]

just to avoid any possible rejections and overstaying remarks

If a parent is granted ILR, then a UK-born child is entitled to register under Section 1(3). If the entitled child is under 10 years old, then overstaying is not a ground for a rejection.

[Pogaku_S]

Thank you Vinny for all your support.