URGENT HELP : IS ILR FOR DAUGHTER REQUIRED

[akhilesh]

I'm on a Tier 1 General - finished 5 years and now applying for my ILR next week. My spouse & daughter are dependents on my Visa.

I've heard that my daughter isn't required to apply for ILR since she would automically qualify for citizenship once I & my spouse receive ILR.
Is this true ?
If yes - then what would be the status on her visa when my Visa (Tier -1) is cancelled and we switch to ILR.
I want to be sure on this since this could be a big risk for saving a couple of hundred pounds.
Even the immigarion help line doesn't answer this question , so I would be very grateful if someone can help me since my application is supposed to be reviewed on Tuesday.

[uksettlement]

You don't have to apply for your daughter ILR only if she is uk born. If not then you would treat your daughters application similar to your wife's.

[akhilesh]

Many Thanks but my second question is : When my Tier 1 is cancelled and swtiched to ILR - what would be her visa status for the interim period since she wouldn't have citizenship or ILR status till i apply for her citizenship ?

Very gratful if you could respond to the same ?

[vinny]

If she currently has leave, then she will continue to have the same status until her leave expires.

[akhilesh]

But her leave to remain is dependent on my Tier 1 today which would be cancelled when we switch to ILR next week ?
And since I'm not applying for her ILR then she wouldn't have any status/right to remain in the UK - right ?

Your inputs please......

[vinny]

Dependants' leave to remain are not normally curtailed. When will her leave expire?

[benneviss]

I note that if child is born in UK he or she can apply for a BC as soon as parents get ILR.

But if child is not born in UK and living in UK more than 7 years then child has to apply for a ILR or can apply directly for a BC .

You don't have to apply for your daughter ILR only if she is uk born. If not then you would treat your daughters application similar to your wife's.

[vinny]

If neither parents were British at child's birth, then, unfortunately, for a child born outside the UK, British Citizenship is not an automatic right. It will be Subject to discretion (3(1)).