Application for British citizenshi for child born outside uk

[bilalkhan]

Hello
Both me and my wife got ILR Nov 16. I didnt apply for ILR for my 2 children who have been on tie2 dependent for 5 years. Me and my wife will be eligible to apply for naturalization in Nov 17, and my chidrens tier2 will expire in Nov 16.
Do I need to apply for their ILR now or can I apply for their naturalization at the same time as me and my wife. I understand it is at the discretion of Home office. Is it too risky to do that?

Thanks
Bilal

[vinny]

It's risky. Some have succeeded and some have failed.

[ouflak1]

The 'succeeded' example may have been a special circumstance as I believe the child got discretion due to having siblings that were already British citizens, a scenario that is specifically given weighted consideration. My advice would be to go ahead and hop through the necessary bureaucratic and financial hoops to get the children registered as efficiently as possible. Otherwise, you are looking at costly complicated appeals, JR's and perhaps years and years of uncertainty before things finally go in your favor.

[plabo]

Were the children born in the UK DURING your stay on a Tier 2?
If yes, then why didnt you proceed directly with Registration through MN1 (Section 1/3) and then passport for them?

If not born here, you should have applied for their ILR along when parents applied. Staying as a Tie2 dependant after parents have had ILR does not give you a 'short cut' to save ILR fees and apply for children's naturalisation directly.

You will have to apply for children's ILR or MN1 (depends where and when born) and then once children have spent 12 months on ILR, then for their passport.

Am amazed why you even took such a drastic risk for the future of your children!

[ouflak1]

Were the children born in the UK DURING your stay on a Tier 2?
If yes, then why didnt you proceed directly with Registration through MN1 (Section 1/3) and then passport for them?

Taking a look at the poster's history, it's evident that the children were born abroad.

If not born here, you should have applied for their ILR along when parents applied. Staying as a <visa type> dependant after parents have had ILR does not give you a 'short cut' to save ILR fees and apply for children's naturalisation directly.

Just quoting this, as it can be stated enough. The UK government wants its money, and it will get it out of you either via the long drawn out appeals/JR process, or through the visa/regisstration process. I'd prefer the latter as it quicker, cheaper and has a clear obvious path.

You will have to apply for children's ILR or MN1 (depends where and when born) and then once children have spent 12 months on ILR, then for their passport.

Just a small but important correction. The children won't have to wait 12 months. They can register on MN1 3(1) the same day they get their ILR and the parents are naturalized.

Am amazed why you even took such a drastic risk for the future of your children!

There is still plenty of time for the OP to get the children their ILR. But it will cost more now than if they'd been added to the parent's ILR application.

[bilalkhan]

Thank you guys.

I didnt have enough money then to apply for their ILR with our application.
Their sister(my 3rd child) was however born here after my ILR and I have applied for her to register as British citizen. So I dont know if that would help if I apply for their(2 children born outside uk) registration at the same time of my Naturalization application.

Thanks

[vinny]

If child was born in the UK after a parent was settled, then child is automatically British. If a British child applied for registration as a British citizen, then they should explain and refund the fees (8.5.1.3).

[bilalkhan]

Sorry, she was born in UK before my ILR granted, so applied for her registration as BC

Thanks

[ouflak1]

Thank you guys.

I didnt have enough money then to apply for their ILR with our application.
Their sister(my 3rd child) was however born here after (later corrected - before my ILR and I have applied for her to register as British citizen. So I dont know if that would help if I apply for their(2 children born outside uk) registration at the same time of my Naturalization application.

Thanks

My advice is still the same. Get their ILR sorted before their visas expire. Then everything afterwords is straightforward and timely with known costs. If you wait, any subsequent applications they make are complicated by the fact that they are legally overstayers. You're potentially looking a long delays, big legal expenses and possbly failure to get them any legal status at all in the country, much less citizenship. If you look at the link that vinny posted earlier in this thread, there was a successful application that I believe in part was successful because a already sibling had citizenship. So your children would have a discretionary advantage and it might be enough to sway things their way. But if you keep reading, that same parent specifically reccommended that nobody else try the same thing. Wise advice.

[bilalkhan]

Thank you.

Being a doctor I strongly bilieve in 'being safe than sorry'. this means another 5000 pounds. i am defintely voting for labours.

[bilalkhan]

Hello

Just filling SET(O) form for my kids ILR. My understanding is to put their names in main applicants section 1 and leave dependent section empty.
Also do I have to submit employers letter ,bank statements and P60 despite that they were already assessed during my ILR application.

Thanks

[ouflak1]

Thank you.

Being a doctor I strongly bilieve in 'being safe than sorry'. this means another 5000 pounds. i am defintely voting for labours.

Costs have gone up consistently for the last 3 decades (atleast) irrespective of the political party in power. It's hard to imagine that's going to change. And with the current climate, potentially letting more people might be tantamount to political suicide (maybe not that bad, but bad).

Also do I have to submit employers letter ,bank statements and P60 despite that they were already assessed during my ILR application.

Typically no unless you are using these documents to establish residency. If they need this stuff, they will ask.