Converting ILR application to British Naturalisation

[balishashetty]

Hello,

I have ILR since Jan 2021. My daughter was born in UK on July 2019. She was my PBS dependent till date.
In August 2021, when her visa was about to expire, we applied for ILR dependent (As I now hold ILR) instead of British citizenship.

Now the home office rejected the ILR dependant application quoting that both parents should have ILR (My husband is on Tier 2 general).
They have suggested via email that they will consider this application as limited leave to remain for another 30 months and have asked us to pay IHS in next 10 days.

Question:
1. Is it possible to convert the same application to naturalisation as she is eligible for British citizenship?
2. If yes, how do we contact the home office for converting the same application.
3. Which form we need to fill for British citizenship for my daughter.

Thanks,
Balisha.

[CR001]

1. Is it possible to convert the same application to naturalisation as she is eligible for British citizenship?

No. Citizenship is not an immigration application. Unclear why you did not apply for the child's citizenship once you got ILR instead of applying for a visa extension.

2. If yes, how do we contact the home office for converting the same application.

You can't. You have to complete the citizenship form and pay the fee, which is considered by a completely different department.

3. Which form we need to fill for British citizenship for my daughter.

MN1.

[balishashetty]

Hello,

Thanks for the prompt response.

1. Can I initiate MN1 when her ILR application is with the home office yet?
2. Can I get a refund for the ILR application?

Regards,
Balisha

[CR001]

1. Can I initiate MN1 when her ILR application is with the home office yet?

Yes. They are two completely separate and independent applications. She will not get ILR and she does NOT need a visa to apply for citizenship either. A UK born child has an entitlement to register as British even if they have no immigration status.

2. Can I get a refund for the ILR application?

Unlikely. You can ask, no guarantee.

What exactly does the letter state from UKVI? Does it state ILR is refused or rejected? They mean different things.

[vinny]

Suggest you remind them of the UK-born child rules that permits her to have ILR in line with yours?

However, as she is entitled to register, this would be the more straight forward option.

[balishashetty]

Hello Moderators,

Thank you for your replies.

Answer to CR001 question, I have attached an extract of the letter. It states:
'A decision has not yet been made on your application, however, based on the information you have provided, you would not meet the requirements to be granted ILR. The reasons for this are set out in the sections below.
Because you meet the requirements for limited leave to remain, I am treating your application for ILR as an application for limited leave to remain. Before you can be granted limited leave to remain you need to pay the immigration health surcharge.
If you do not pay the immigration health surcharge by the specified date, your application for limited leave to remain will be rejected as invalid. If this happens your application fee will not be refunded.'

I called the UK Visa and citizenship application helpline and they asked me to send a letter to UKVI. They too were not sure that ILR fees will be refunded, but asked me to try.

Question w.r.t Vinny's comment:
I read through the UK born child rules that is attached below. Is 277D rule applicable in this situation or is my application for ILR still valid?

Thanks,
Balisha

[balishashetty]

Hello,

Also rules 305 and 308 states that:
Rule 308. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.

I believe paragraph 305 (i)(b) or (i)(c) applies for my daughter and she meets the requirements of paragraph 305 (ii)-(iv).

Kind Regards,
Balisha

[balishashetty]

Hello Moderators,
Can you please reply to my previous 2 comments. Any help is really appreciated.
Thanks,
Balisha