Apply for citizenship under home office discretion

[Mahmoudmoussa]

Dear all
My situation currently:
- myself and my wife granted ILR
- I have 3 kids (2 younger born in UK, elder born outside)
- I will be applying for citizenship for both my youngest kids

Question is:
Shall I apply for citizenship for my eldest son alongside their application under home office discretion or better to wait until I become BC myself.
Thank you

[CR001]

Does your child born abroad hold ILR?

Children born abroad can apply when either parent is also applying (or is already British) and the other parent holds ILR. Born abroad children have no entitlement to register like UK born children.

[Mahmoudmoussa]

Thank you

[CR001]

You have not answered whether your child born abroad has ILR. The child needs to hold ILR before applying for citizenship when the parent(s) do.

[Mahmoudmoussa]

No my son does not hold ILR. He is on tier 2 visa right now.

[CR001]

He needs to apply for ILR first as he was not born in the UK. Children born abroad are expected to hold ILR and be free from immigration time restrictions before they can apply for citizenship.

Why did you not include him in your and your wife's ilr application??

[Mahmoudmoussa]

I am waiting until I get my citizenship then I will apply for his registration directly skipping the ILR. This was the solicitor advice to reduce overall costs. He said he should be eligible to apply if one parent become a BC.

[CR001]

Children born abroad have no entitlement to register as British.

They require ILR before they can apply at HO discretion.

How old is the child?

Remember that if his visa expires, he has no legal status in the UK.

[sami1975]

Hi Mehmood

Please, Just check with your solicitor in detail, your outside country born son could be eligible for direct citizenship if he has completed 5 years or more as I got approved citizenship applications for my all 3 children's without holding ilr while they were on depandant visa.

All moderators are here are very experienced and always helpful but there is something new rule or may be home office discretion etc etc that experienced solicitors are aware. This saved me almost £6000 ilr expenses after the payment to the consultant.

You don't need to take direct risk but need to probe further.

Many Thanks
Sami