Registeration at the Home Secretary's discreation

[khan_80]

Hi All
I need some information and experience sharing about the Registration at the Home Secretary's discretion This is in the MN1 Guidance 2017 Jan Page 14, which States as below.

I have got ILR on Monday and my wife will get in March 2019, and Next year we will be applying for Citizenship. We have two kids born abroad, is it possible that we don't apply ILR for them and apply Citizenship along with us according to below 3(1)Section from MN1 guidance.


Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

[secret.simon]

Read from Page 27 onwards (Other applications under Section 3.1) of the Registration of children: British citizenship guidance.

As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

[khan_80]

Read from Page 27 onwards (Other applications under Section 3.1) of the Registration of children: British citizenship guidance.

As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:

• indefinite leave (IL) • permanent residence under the European Economic Area (EEA) regulations

Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

Hi Secret.Simon
Thanks a lot for your support. I have read the document but still not clear either we can apply for our 2 Child citizenship along with our citizenship application next year with out their ILR, as we have ILR but because of the Huge amount of Fees, want not to apply ILR for 2 Kids and directly go for their Citizenship if possible under this section.

Both of My Kids are eligible for ILR now along with their Mum, but the Problem is the Huge amount of ILR Fees.

Please need your advice.

Thanks

[secret.simon]

As underlined in the previous response, either the children should have ILR or there should be "strong compelling compassionate circumstances" for the children to be registered without ILR. Otherwise, the registration will be refused and you will end up losing the fees for that.

[khan_80]

As underlined in the previous response, either the children should have ILR or there should be "strong compelling compassionate circumstances" for the children to be registered without ILR. Otherwise, the registration will be refused and you will end up losing the fees for that.

Thanks secret.Simon
So it will be better to go for ILR, as the Reason if I don't go for ILR is due to Fee, which I don't think the Home Office will approve in this case.