Indefinite leave to remain vs Register as UK citizen dilemma

[billcall]

Hello. I would be very grateful if anyone could provide me with any insightful information, it be very much appreciated. I am asking on behalf of an extended member of family.

Two children both currently under 18 years old born abroad in South Africa and moved with parents- Father (Born in SA but granted British passport holder by descent as his father born in UK) - their mother (born SA - SA Citizen only). All moved to UK in 2004. The mother and children were issued with UK entry clearance for 2 years only. When these expired in 2006 they were financially unable to pay the cost of visas to extend their stay in the UK due to father's medical issues/limited ability to work.

Two further children then born in UK to the parents in 2005/6.

In 2012 the mother applied to the Home Office for limited leave to remain for her and 2x SA born children - Granted for 3 years (Home office letter states allthough you do not qualify for leave to remain in the UK under immigration rules it has nonetheless been decided that discretion should be exercised in your favour). In 2015 she applied again to renew for a further 3 years - Granted.

The 2x children have now been permanently resident in the UK since 2004 and as their father (UK citizen) has been resident permanently in the UK for the same amount of time they should both be able to apply for registration as british citizens as children born abroad to a British parent – in terms of section 3 (5) of MN1 application for registration as UK citizen?

However the dilemma is whether it is better to apply for registration for both of them while still under 18 or to wait until 2018 to then apply for un-limited leave to remain (as will of completed 6 years under limited to leave to remain by then). The key concerns apart from the above are:
Even though the home office granted them limited leave to remain twice after them not having a valid visa to remain in the UK for 6 years - would the 6 year issue impact on their application to be registered as UK citizens through their father?
And if they were successful in registration would that strengthen their mother's eventual application for indefinite leave to remain?

Any helpful advise or guidance would be tremendously appreciated. Thank you.

[noajthan]

On basis citizenship trumps ILR suggest register asap.

Minors, although subject to good character test over age of 10, cannot really be held responsible for others' actions and for being unwitting parties to breach of immigration regulations.

If particularly risk-averse you could apply one at a time to minimiae potential downside.

But unclear why it would help mom's case for ILR.

[billcall]

Dear Noajthan,
Thank you so much for your feedback, greatly appreciated.

Yes that is what I think - that citizenship does trump ILR, though their circumstances are rather complicated which does not help.

I did forget to mention in my initial post (sorry could not see a edit button) that the parents primary concern is how a potential application for the childrens' registration as citizens could in any way negatively affect the mother's eventual application for ILR in '18 or their own if citizenship registration refused.

1. As the children were included as dependents within her application for limited leave to remain how is that taken into consideration when reviewing their registration applications or would it be that they view it in terms of the basis of application for registration is through their father (the resident uk citizen)?

2. If they were to be refused to register as uk citizens - could such a decision play any negative contributing factor that is taken into consideration when deciding on their application for ILR in '18?

Thanks again.

[CR001]

2. If they were to be refused to register as uk citizens - could such a decision play any negative contributing factor that is taken into consideration when deciding on their application for ILR in '18?

No, it would not. Citizenship is not a visa and is a completely different set of laws from ILR immigration rules.

[Rizcon]

On basis citizenship trumps ILR suggest register asap.

Minors, although subject to good character test over age of 10, cannot really be held responsible for others' actions and for being unwitting parties to breach of immigration regulations.

If particularly risk-averse you could apply one at a time to minimiae potential downside.

But unclear why it would help mom's case for ILR.

Sorry to hijack your post. As Minors can't be held responsible for other's actions(Parents) and for being unwitting parties to breach of immigration regulations.
Are the same rules apply when it comes to ILR, in case a minor who completes 10 years in this country and apply for ILR on its own(Long Residence) and had a gap(9 months) in his visa as mother failed to make an in time appication due to reasons beyond her control?

[billcall]

Many thanks for your feedback Char on that specific point. Much appreciated.