just like Amber mentioned, you may succeed at registering your child directly now that your wife is also settled. it is an exception rather than the rule, so you may have difficulty convincing NCS of this, you should apply directly and read carefully -- and quote -- the paragraphs referred to.ayoubtt wrote:I am a british national as of 2012 and so are two younger children. My wife and eldest daughter who is 6 yrs old and born overseas before I had settled status; were my dependents and their LTR was running out November 2013.
I applied for ILR for my wife and registration for my daughter via MN1 section 3(1) both at the same time in November 2013.
Daughters application returned refused in february 2014 stating that as mother does not have settled status they are refusing but I can re-apply once mother gets ILR.
Mother received ILR end of March 2014 and I booked appointment with Nationality checking service for resubmission of MN1 for my daughter.
Yesterday NCS during the checking told me that my daughter is not eligible for registration and has to apply for ILR first. She called someone to check and they said the same thing.
Today a call to the Home Office for ILR and im told that as my daughter has overstayed by more than 28 days a set(m) application would be refused. Alternatively leave the country and apply for entry clearance which again has less chances of success due to overstaying after an expired visa.
As of this morning I simply dont know what to do. Please please please can someone help me.
Further info:
Daughter:
Age: 6 yrs old
Born: Pakistan (At time of birth neither parents had british citizenship or settled status)
Current: Living in the UK with parents and siblings since 2009
Immigration: Now Expired Child dependant resident permit.
Father:
British National
Settled status in the UK since 2011
Mother
Pakistani National
Settled with Indefinite Leave to Remain since April 2014
Siblings
Both British Nationals
another option is to fly overseas and apply from there for ILE (indefinite leave to enter). this will be sort of ILR but received from abroad (legally equivalent to ILR). you daughter will now be eligible for it. you do not need to meet appendix FM financial requirements, only "adequate maintenance"