Father-ILR, Mother-Tier1 Dependent, Child born in India-??

[kringo77]

Hello All, Can some one please help me ? I just got ILR on long residency - my previous visa was Tier 2 General which I got in 2013 . Mh Family " Daughter now 5 and wife" Joined me in 2013 and their visas expiring in April. I have son born here " So He will be british " . However my Daughter who is going to school and in reception " Cant I apply her naturilasation" or register her as a citizen ? What does the Law say? Can I Do that or she has to be on same again 5 years visa as a dependent of settled person? Can someone please guide me as Lawyers are confusing me and ripping me off as well. Secondly can someone please sdvise what to do for my Son " Born here" ? What are the fees for my son ? Should I register him or apply naturilasation first? But please if you have same cases for situation like my daughter who has already lived here almost 3 years please please plese reply . I will be really grateful to you. Regards

[CR001]

However my Daughter who is going to school and in reception " Cant I apply her naturilasation" or register her as a citizen ? What does the Law say?

No you cannot. Children born abroad are expected to hold ILR to qualify for citizenship. There have been many refusals on the forum by parents who skip ILR to save the fee. See below extract

9.17.24, page 48 British Citizeship for Minors (click)
We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.

Can I Do that or she has to be on same again 5 years visa as a dependent of settled person?

No you can't, she has not entitlement to register and will follow the same path as your wife. As you obtained ILR based on 10 years long residence, your wife and daughter will need to apply to switch to FLR(M) and will be on a new 5 year route (2 X 2.5 year visas) before they will qualify for ILR.

Secondly can someone please sdvise what to do for my Son " Born here" ? What are the fees for my son ? Should I register him or apply naturilasation first?

Register your son on form MN1 as British. Once registered, apply for his British passport. Children are registered NOT naturalised. Current fee is £749 and on 18th March, this goes up to £936. See Fees from 18th March (click)

But please if you have same cases for situation like my daughter who has already lived here almost 3 years please please plese reply .

Same as your wife, apply FLR(M) and wait 5 years, get ILR first.

[kringo77]

Thank you very much Char. I have been reading nationality act but couldnt make sense. Just one more question ? My wife and daughter were my dependent when I was on tier 2 and theirs leave is expiring at 26th of April . But my status changed as I got ILR on 8th of March. However still waiting for my BRP. Can I apply before 18th of March in order to save money or should I wait till they fall in 28 days window which would be 1st of April 16? Its altogether more than a 1000 pound I will be paying extra if I hold it ? Please can you advise?

[CR001]

As they have to switch to FLR(M), you can apply at any time, you do not have to wait for their 28 day window before visa expiry.

Should be fine to apply without your BRP as HO will have your details and you can include the letter you got for your ILR.

Remember to pay the IHS for both your dependents (£500 each) plus the visa application fee. Likely you will have to apply by post as am doubtful you will get an in person appointment for next week.

Also, don't forget 2 years cohabitation documents for your spouse.

[kringo77]

You are 100 percent right . I will apply through post but before 18th in order to avoid fee rise.

What is cohabition?

[CR001]

What is cohabition?

Proof that you have a subsisting marriage and have been living together for two years (i.e. joint utility bills, council tax, tenancy agreement, bank statements, etc etc)

[kringo77]

But everything is on my own name? Just this year cuncil tax bill is on joint name. Would that be ok ? Isnit common sense that she cane here as dependent of mine and we had son together . Now she is applying my dependent again aling with my daughter?

[kringo77]

I wasnt aware of it. Other wise I would have put utilities on joint name. So after going through what I found in documents is " Vote registration on Mr and Mrs " 2 " Council tax bill for this year on joint name " 3 " Her account is on her own name and mine on mine " But I do transfer her grocery money with reference" 4 " We have same surgery " We can get the letters" My daughter goes to school but the school letters on joint name" I mean I just didnt think of that that this would ve required. What should I do? I want to apply before 18th? Its just the bank statements on our individual names but same address could be provided and some old joint vote and council letter? Any Advise ?

[CR001]

I wasnt aware of it. Other wise I would have put utilities on joint name. So after going through what I found in documents is " Vote registration on Mr and Mrs " 2 " Council tax bill for this year on joint name " 3 " Her account is on her own name and mine on mine " But I do transfer her grocery money with reference" 4 " We have same surgery " We can get the letters" My daughter goes to school but the school letters on joint name" I mean I just didnt think of that that this would ve required. What should I do? I want to apply before 18th? Its just the bank statements on our individual names but same address could be provided and some old joint vote and council letter? Any Advise ?

You can use all of what you have said above, even from old address.