Options for foreign born under18 child-both parents ILR

[KHUSHA]

Hi
I have scoured the immigration board and other resources but don’t seem to find definitive answer, hence this post. It may seem a bit longer query but I am providing as much information as possible to avoid wasting others’ time. Many thanks... query below...

I and my wife are applying for ILR after 5yrs on me being on Tier 2 (General Employee Sponsored) visa. We are applying around 2nd week of Nov 2016 within the 28 days before completing full 5yrs.

My first Tier 2 (General Employee Sponsored) visa was granted on 30 Nov 2011. Afterwards I changed employers but have always held Tier 2 (General Employee Sponsored) visa. My current Tier 2 (General Employee Sponsored) visa is valid till 14 Jul 2017.

I have one UK born daughter and one foreign born daughter. For the UK born daughter I will be applying for citizenship after mine and my wife’s ILR but have confusion about my foreign born daughter. In Nov 2017 I and my wife will have completed 1yr on ILR and hence both parents will be British citizens. The foreign born daughter therefore will be eligible for applying for citizenship by registration. But meanwhile: QUESTION: Does my daughter need to apply for a) ILR, or b) ILR Dependent or c) remain on existing visa.
BACKGROUND:
1. She is foreign born (India), current age 14 years
2. Current visa: Tier 2 Dependent valid till 30 NOV 2017
3. She first came to the UK in Feb 2006 when I was on student visa. She returned with my wife and came back again in Oct 2006 permanently. She had been away to India for about 18 months in 2010 hence I never considered applying for her on 7 yrs residence. But do not know that may be an option.
4. As my Tier 2 Dependant, she has been in the UK continuously for all 5 years except few vacations to India.
5. You would have noticed that her visa is valid for longer time than my current Tier 2 visa. I did not apply for a Tier 2 dependent visa for her when I recently changed employer and applied for a shorter period. FOI requests on WhatDoTheyKnow have confirmed this is OK and last month she travelled to & from India without any issues at immigration control.
6. I became eligible for ILR on 10yrs long residence in Jul 2015 but did not apply for ILR as it causes issues for family members.

It seems foreign born child under 18 is eligible to register as a citizen without having to be on ILR for a year. I noted at https://www.gov.uk/remain-in-uk-family/exceptions: “If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category. Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a: Tier 2 (General) skilled worker visa”. It seems this option means making an application for a visa type which she already holds. Therefore, can she remain on that visa until applying for citizenship by registration in Nov 2017?

Or are there any benefits of applying for ILR for her too? I thought I am saving her ILR application fees by keeping her visa unchanged until registering directly in Nov 2017. Her visa will end in Nov 2017 and we parents’ and her application for citizenship will be submitted together. Is this allowed or do the parents need to receive confirmation of citizenship before applying for hers. In such a case, there may be a gap when her visa will not be valid. If this is not allowed, will she have to apply for a visa; if yes, which?

Thanks for reading. Hope to get guidance please.

[CR001]

Children born abroad require ILR before they can apply for registration as BC. Even more so considering your child is over the age of 10. She will qualify to apply for citizenship when either of the parents apply.

[noajthan]

a) ILR

Registration is at Home Secretary's discretion; suggest saving on fee should be least of considerations.

[KHUSHA]

Many thanks noajthan and CR001.
Agree that saving on fee should be the least of considerations but it is still a substantial amount at about GBP1900. We are applying in person which bumps it up to GBP 2,345. In the past 10 years, so much of money has been spent on visa

CR001 says "Children born abroad require ILR before they can apply for registration as BC. Even more so considering your child is over the age of 13." Do you any reference to this please. My reading so far did not indicate the type of visa and the time in the UK for child under 18 should hold to be eligible to register as BC when the parents are BCs.

Also noajthan says "Registration is at Home Secretary's discretion". I do not know what this means in plain terms / in practice. Do we have to specifically ask for discretion while applying as BC by registration? What is the format? A letter saying why she should be allowed to register as BC?

Many thanks.



Thanks

[noajthan]

Registration at discretion means its not a right or entitlement; its not guaranteed.

It depends whether

the Secretary of State thinks fit to register them

Start here to get a handle on registration at discretion:
https://www.gov.uk/government/uploads/s ... 150402.pdf

[CR001]

Children over 10 are subject to the good character requirement etc.

If you choose to skip ILR and apply for BC at discretion, section 3(1) of the BNA and you get refused, if her visa has expired, you will have a problem and it will affect the good character requirement. There is no appeal process for refused citizenship applications.