10 years for a UK born child

[funda]

Please I need some advise on the issue below.

Myself and my husband still have our ILR applications pending. I am waiting for appeal date while my husband's is yet to be decided.

My daughter is 12 years old. She was born in the UK in 2006 but was taken to native country for almost 2.5 years and came back into the UK on a visitor's visa in October 2008. Thereafter applied for dependent on post study work visa for her in January 2009 from within UK.
She has been my dependent on all my visas (post study and tier 1 which expired in July 2016). I did not apply for ILR for her when I did mine in June 2016 because I was hoping to register her as soon as I got my ILR since she is UK born.
I varied by application to 10 years in September 2017 and it was refused with appeal in April 2018. I have appealed and I am awaiting a hearing date.
I just want to know if I can apply for 10 years in October 2018.
My solicitor has said we can apply since she is UK born.
Please can someone give me advice on the options available to her pending the decision on mine and my hubby's application.

[funda]

I also have a son who is UK born. born in October 2008 and he has not been outside of the country all his life not more than 2 months (1 week, 2 weeks and 2 weeks holidays all together).

I am also planning to apply for his passport once he is 10 in October if we the parents are yet to get our ILR sorted. His is a bit more straight forward than his sister's.

Please can I get advice on documents that are required. I know I am to complete the Form T.

[funda]

Please can someone help me with this query. Much appreciated.
Thank you

[vinny]

Unfortunately, if she is over 10, then overstaying since 2016 may make her fail the Good character requirements required for registration.

SET(LR) fails 276B(v). She may apply for SET(F) when parents have ILR.

[funda]

Thanks for your response.

I don't understand how she is an overstayer since she was born here and she is eligible for registration if we get ILR, hence we did not need to apply for ILR for her when we applied. I was told she is covered as long as we have an ILR application pending.

A solicitor and a friend said a UK born with 10 years residency can apply for registration straight away once they have spent 10 years here. The solicitor even said we can also use form T if we are able to provide reasonable evidence as to why she was away for that long in the first 2 years but not comfortable going down that route.

[vinny]

A person whose leave has expired, without a valid in-time pending application, is an overstayer.

[vinny]

Unfortunately, her absences may be beyond their discretion to allow excess absences in the first 10 years of a child’s life.

[funda]

Thanks vinny for the link. I have read it previously.

Please correct me if I am wrong. Going by the link, she can apply using discretion for the UK born first 10 years. I have calculated her absences and it is less than 990 in her first 10 years (as per page 10).

Thanks in advance for your response.

[CR001]

Did you miss the 180 days in any one year requirement and then the AND before the 990 statement??

the number of days absent from the UK in any one of the years does not
exceed 180 days and the total number of days over the 10 year period does not
exceed 990 days

And also

You must not waive excess absences over 180 days in a single year or 990 days in
the 10 year period where:
• the applicant was unaware of the requirements
• the parents’ absences with the child were entirely voluntary