tier2gtoilr2021 wrote: ↑Wed Mar 17, 2021 10:04 pm
So that I don't have to apply ILR application for him and I can save the money.
Children born outside the UK are expected to hold ILR before registering as British citizens.
The paragraph that will likely apply to your child is further down in that document on Page 15.
Any other child born to British or non-British parents
It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide.
However, in considering any application not specifically covered above consideration will be given to:
• the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
• any compelling circumstances
The underlined sentence basically means that the child is expected to have ILR OR a very good compelling circumstance for not having ILR.
Also see from Page 27 of the
Registration as a British citizen for children caseworker guidance, in particular from Page 30.
Child’s immigration status
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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.