Post
by secret.simon » Thu Nov 05, 2015 6:01 pm
Essentially, as the child was born abroad, a grant or either ILR or citizenship is at discretion.
Generally, the Home Office follows the rule that children born overseas have the same status as that of the less-privileged parent. In this case, that would be you.
I would agree with the advice in the earlier thread that if your husband is earning more than £18600 per annum, that he should switch you to an FLR(M) application that is a 5 year route. As your husband is a British citizen, you will be able to naturalise as soon as you get ILR and your child can then be registered as a British citizen under Section 3(1).
Alternatively, if your husband is not earning £18600, he may want to look at the Surinder Singh route. He will have to move the whole family and "the center of his life" to another EU country for at least three months (the longer the better). Then when you come back, it will be under EU law and that is a five year route as well. You will get PR after 5 years and can naturalise immediatly, just as above.
These are the fastest options that I can see.
You can apply to the Home office for either ILR outside the rules or for exercising discretion and granting citizenship by registration. But you will need to have a very good case and the chances of you losing the application fees are higher than 50/50.
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.
