Naturalization application for my daughter

[qhussain]

Dear All,

I hold ILR since May 2015(Tier 1 General, 5 year route), will be applying for naturalization in first week of June 2016. I have two tier 1 dependents, my wife and daughter(born in India), they are living with me in UK since March 2011, their current tier 1 dependent visa is valid until October 2016.

I will be applying for my wife’s ILR in early April 2016( will book before 18th March to save some money), shall I also apply for my daughter ILR, along with my wife ILR application OR can I wait and apply for my daughter’s naturalization application along with my naturalization application?

At the moment, I have no plan to apply my wife naturalization(British Passport).

Regards,
Hussain

[CR001]

A child born abroad is expected to be 'free from immigration time restrictions', also known as ILR, before they can REGISTER as British.

Why haven't you applied for their ILR yet? Fee go up quite a bit on 18th March.

[qhussain]

Hi CR001,

Thanks a lot for quick response.

Yes, I should have included her in my ILR application but my wife was preparing for LIUK & english test, so I did not included them in my ILR application.[I was under imppression that I could apply for my daughter alone after getting my ILR ]

My wife has now completed both LIUK & English test, so I went to a solictior to get the docs check, He adviced me that just apply for your wife ILR and the Child can be included with my naturalization application under "section 3(1)".

I have read the section 3(1) but not very sure, need suggestion from forum members about this.

Kind Regards,
Hussain

[CR001]

Section 3(1) is a decision at HO's discretion. For section 3(1) applications, the child is expected to hold ILR.

There have been many refusals on the forum for these registrations due to parents being either ill advised or thinking they have an entitlement to register the children (which they don't) and think they will save on the ILR fee.

If you choose to take the risk and apply for your child, you will lose your fee on refusal of the application.

Only applications for children born WITHIN the UK and under section 1(3), is it an entitlement to register and cannot be refused. Your circumstances are not this category.

[qhussain]

Hi CR001,

Thanks a lot for your quick and clear response!

So If I apply for my duaghter ILR, along with my wife ILR( Wife main applicant and daughter as depnedent).

Will I be able to register her as BC when I apply for my naturalization in June 2016?

Plz not, I don't have any plan to apply for my wife BC/naturalization for atleast one year.

Best Regards,
Qumar

[CR001]

It should be ok.