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A non British citizen child born in the UK can be registered as a British citizen if either parents gets ILR.alimohamedhamed wrote: ↑Mon May 15, 2023 10:49 pmit states that if you are under 18 years old, you can become a British citizen if one of your parents considered the UK as their home and took any of the following actions after you were born: obtained indefinite leave to remain in the UK.
In the first paragraph, note that both parents (in the plural), not a parent (singular) needs to have settled status.Children with settlement and residence
Children will come within this category if:
- the child has completed a period of lawful residence in the UK of more than 5 years
- the child has been granted settled status in the UK, and held that status for at least 12 months
- the child’s parents have completed a period of 5 years residence and are settled in the UK (“settled” usually means that the parent has indefinite leave to remain in the UK)
- both parents give their consent to registration (unless good reasons are provided)
- there is no reason to refuse on character grounds
Children who have lived in the UK for more than 10 years
Children will come within this category if:
- the child is in the UK lawfully
- the parents are in the UK lawfully
- both parents give their consent to registration (unless good reasons are provided)
- there is no reason to refuse on character grounds
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. However, in considering any application not specifically covered above we will look at all of these:
- 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) – this would be considered along with the other factors above, such as whether the child is settled in the UK
- any compelling circumstances
A registration application is not an immigration application. Only immigration applications extend extant leave to remain while they are under consideration at the Home Office.alimohamedhamed wrote: ↑Tue May 16, 2023 10:51 amMy daughter's resident card is set to expire next month, and I am concerned that if her application is refused and her residence expires, she might be considered an illegal resident
Turning 18? Or do you mean she has turned 18? In the link to your previous thread, on 23 April 2022 you stated your daughter was 17 year 4 months. That would mean she became age 18 at the end of last year.alimohamedhamed wrote: ↑Mon May 15, 2023 7:12 pmNow that my daughter is turning 18 years old, will this have any impact on her application?
[this is the statement for the free wavwer: You can become a British citizen if you’re under 18 and if one of youralterhase58 wrote: ↑Tue May 16, 2023 11:45 amRegarding fee waiver:
I think everything has been explained above, however, just to re-iterate, in my understanding, the fee waiver doesn't remove any of the basic requirements a child needs to satisfy to be eligible to register as a British citizen.
The fee waiver was introduced to address the injustice suffered by some parents' inability to afford the high fees, just a concession for some, most children are still liable to pay the registration fee. This was subject to a court case which went all the way to the UK Supreme Court.
[I applied for consideration last October when she was 17 and some months and by the end of last year she has turned 18. I haven't received a decision on the reconsideration application]JB007 wrote: ↑Tue May 16, 2023 1:20 pmTurning 18? Or do you mean she has turned 18? In the link to your previous thread, on 23 April 2022 you stated your daughter was 17 year 4 months. That would mean she became age 18 at the end of last year.alimohamedhamed wrote: ↑Mon May 15, 2023 7:12 pmNow that my daughter is turning 18 years old, will this have any impact on her application?
Correct. That is a possibility, if other conditions are met, such as if the child is born in the UK. That is why the sentence begins with "You can become...".alimohamedhamed wrote: ↑Tue May 16, 2023 1:32 pm[this is the statement for the free wavwer: You can become a British citizen if you’re under 18 and if one of your
parents considered the UK as their home and did any of the following after
you were born:
• became a British citizen
• got indefinite leave to remain in the UK
• got ‘settled status’ (also known as ‘indefinite leave to remain
under the EU Settlement Scheme’)
• got indefinite leave to enter the UK
• got permanent residence status’ ]