Application Refused

[sonia0785]

Hello there,
my husband obtained britsh citizenship in december 2017 and I am on ILR since mid of last year. We were on tier 1 visa prior to that.
My kid was born outside the country and his tier 1 dependent visa was expiring sometime in february 2018.

We read a clause which said that at discretion of home office, kid could be directly registered as a citizen if one of the parents is citizen and other on ILR atleast.
We went to seek advise for the same from a visa agency in sheffield and they said that our case looks perfect and we can get out kid directly registered as citizen.

The decision has come on the application and it has been rejected as home office do not find compassionate ground on which to register kid and thinks that kid should have gone through ILR process. The agency now says that they can appeal but that would cost us some 600 £ agency fees + embassy fee of 321£

We are distraught as it cost us agency fee and embassy fee but more so that kid's visa has expired.

Now it will be of great help if you can let us know following please.
1.) Can we take charge of the case from here on and file ILR for kid? I mean till now agency was dealing.
2.) within how many days are we supposed to file for ILR/appeal.
3.) Can we assume that kid is still living legally in the country assuming that his citizenship application which got refused was filed in second last week of jan 2018 while his visa expired in first week of feb 2018?

many thanks,
sj

[CR001]

We are distraught as it cost us agency fee and embassy fee but more so that kid's visa has expired.

What 'embassy' fee?? Do you mean HO (Home Office)??

1.) Can we take charge of the case from here on and file ILR for kid? I mean till now agency was dealing.

Your choice if you want to deal with it yourself.

2.) within how many days are we supposed to file for ILR/appeal.

There are no 'appeal rights' for refused citizenship. It is simply a 'reconsideration request'.

3.) Can we assume that kid is still living legally in the country assuming that his citizenship application which got refused was filed in second last week of jan 2018 while his visa expired in first week of feb 2018?

No, the child is an overstayer as their visa has expired. Citizenship applications DO NOT extend Section 3C protection under the Immigration Rules.

How old is the child??

[CR001]

Is this user '27sumit', your spouse, who has posted extensive questions about this issue and given a lot of advice?

british-citizenship/kids-british-citize ... l#p1577142

british-citizenship/referee-profession- ... 41070.html

indefinite-leave-to-remain/ilr-for-my-7 ... 41068.html

[vinny]

Use SET(F).