British Passport for my Daughter

[ramsilr77]

Hi ,
we and my wife has ILR and applying for BC this May , however my daughter was born in India before we had ILR , on her passport she still has my previous Tier 1 visa valid until this November.

Can we include her as well in the same application for British Passport for along with us as dependent ? or do I need to apply ILR first to her and then another application for Passport?

Please advice

Regards
Rams

[Jambo]

Only British citizens can apply for a British passport. You first need to apply for naturalisation as British and if succeed, you may apply for a British passport.

Is your daughter in the UK or outside the UK? Her Tier-1 dependant visa is not valid any more (even if the expiry date is November) as you are not a Tier-1 migrant any more.

Is there a reason you didn't include her in your ILR application?

How old is she? She will need a valid status (ILR) and depending on her age might need to meet some residence requirements in the UK before applying for Registration as a BC.

See more - FAQ - most common questions - children.

[ramsilr77]

Hi Jambo,

Thanks for your reply, when I lodged my ILR my daughter was not born and wife went to India for delivery during that time we are all on Tier 1 and my daughter came to UK on Tier 1 subsequently we were granted ILR (it took almost a 9 months to approve ILR ) , because she was not there on initial application they have asked to pay seperate fee for my daughter and apply for her ILR.

my question is can I by pass her ILR and apply for naturalisation for her with my application ? or should I apply for ILR first to her and then apply for naturalisation.

Regards
Rams

[Jambo]

So you were granted ILR a year ago and was asked to apply for daughter on a separate application and haven't done it so far?

Her application would be at discretion (as born abroad) and normally would require ILR. See 9.17.24 for more details.

[ramsilr77]

Hi , what do you suggest shall I apply for her ILR first and then apply everyone naturalisation ? or is it worth taking the chance and apply naturalisation three of us ( my wife , me and daughter ) my daughter is 15 months old.

Regards
Rams

[Jambo]

Children Registration application is a separate application to adults (different form, separate fee) so there is no requirement to apply together. However the outcome of the child application is dependent on you so if you apply later for the child and haven't received the decision in your case yet, you should make it clear in the application so the HO can link between the two.

You can try and risk the child application fee (£551) to save the child ILR cost. In that case, I suggest you explain why the child doesn't have ILR and why it would the child best interest to become British. I have no idea what the chances for success are so can't calculate the risk here.

[ramsilr77]

thanks Jambo for your suggestion.

I am going to apply for naturalisation for me and my wife and daughter at the same time , as you suggested what would be the most appropriate explanation in my daughters case ? please advise.

Regards
Rams

[Jambo]

I have no experience in such case.

You should explain why would it be the child best interest to become British. Maybe the fact that you both will renounce your old citizenship (if this is the case)? Or that you plan the family future in the UK.

As I said, I have no ideas what are the chances for success are.

[geriatrix]

Why is a justification needed?
Does anyone provide a justification for a naturalisation application (which is also subject to discretion)?

Have you read 9.17.9, as Jambo had earlier suggested?

[ramsilr77]

Hi all,

this might be useful to many people looking for answer , finally our naturalisation applications were approved , my daughter was born in India , she came to UK on my Tier 1 visa , we got approval for ILR after she came to UK , we have been asked my homeoffice to pay seperate fee for her to grant ILR because she was not born when we applied for ILR.I skipped that process and took chance and applied for Naturalisation for 3 of us after 1 year or our ILR and its all approved.I have written a letter to them explaining the situation under Section3(1) there are not any set criteria for children,thanks for all the support , this forum is excellent sincere thanks to organisers.

Regards
Rams

[linkers]

Congrats ramsilr77 and thanks for updating the forum about your case.