ILR eligibility for baby born in uk

[kya1104]

Dear all

I wonder if somebody can clarify this for me, as many solicitors give me different opinions.

My husband is applying for his 10 year long residency at this moment.
Myself, I have been here for over 10 years on student and depedant visas, but I had a gap in my 10 years, so I dont have a chance to apply for it.

my daughter was born in uk and she is on depedent visa too.

If my husband is granted ILR and I am still on depedent visa, will my daugther have a chance to apply for ILR?

It seems a straightforward question, but some solicitors say yes and some dont. I have a friend with the same situation and their kids got ILR in 2009.
I just wonder if the law on this matter has been changed since then.

Thank you very much for your help!

[selva]

Dear all

I wonder if somebody can clarify this for me, as many solicitors give me different opinions.

My husband is applying for his 10 year long residency at this moment.
Myself, I have been here for over 10 years on student and depedant visas, but I had a gap in my 10 years, so I dont have a chance to apply for it.

my daughter was born in uk and she is on depedent visa too.

If my husband is granted ILR and I am still on depedent visa, will my daugther have a chance to apply for ILR?

It seems a straightforward question, but some solicitors say yes and some dont. I have a friend with the same situation and their kids got ILR in 2009.
I just wonder if the law on this matter has been changed since then.

Thank you very much for your help!

If one of the parent got ILR the child can apply for British citizenship using MN1 form

http://www.legislation.gov.uk/ukpga/1981/61/section/1

shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b)an application is made for his registration as a British citizen.