Post
by secret.simon » Wed Jun 13, 2018 10:57 am
himem wrote: ↑Wed Jun 13, 2018 9:07 am
Is it explicitly mentioned somewhere that a child has to have ILE/ILR before applying for citizenship?
or this is a grey area ? (where I can try and it might work)..
It is an expectation (the child should have ILR/ILE, but the caseworker can look at other compelling circumstances), not a requirement (in the absence of ILR/ILE, the application must fail).
Page 30 of Nationality Guidance - Registration as a British citizen wrote:As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so.
You can chance it of course. If you lose, you lose the fee and will then have to pay for ILR and registration.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.