REGISTERING CHILD AS BRITISH WHEN MUM IS NOT BRITISH

[chibage]

Hi all,
is it possible to register a child as british if I am not british and only hold ILR or do I need to make the application together with mine at the same time?
These are the facts
Both child and I overstayers since May 2006
I got married to british citizen in Dec 07
Applied for FLRM in Jan 08
Added further reps to show my daughter qualified for 7 year concession in Sep 09
IN November 2009 we were granted ILR
My husband has not adopted my daughter


I was hoping to register my child relying on the guidance for discretion below but NCS have told me that a child cannot be registered as British if none of the parents are British unless applying at the same time. please confirm that this is the case.

thanks

[John]

You don't actually tell us whether the child was born in the UK. If by chance that was the case, then an application to Register the child as British can be made now.

However if the child was born outside the UK then I agree with the advice you have already received.

[chibage]

child born in Zimbabwe. thanks john.

[geriatrix]

9.17.9


regards

[vinny]

Hi, I need some help please. MY daughter will be turning 18 two months before qualifying for citizenship. Will she qualify to apply using MN1 or will she have to make her own application?? She will qualify through me, I am married to british citizen and will be applying 2 months before her 18th birthday . She was born in zimbabwe and has spent 9 years in the uk. Please advice thanks

[vinny]

If you are applying two months before her 18th birthday, then why can't she apply at the same time?

What's stopping you (8.10) from both applying now?

[chibage]

Hi Vinny and thanks for the reply.
As i was an overstayer, i counted the qualifying residence period of 3yrs from the date I was granted ILR (NOV 2009 ). Which will be Nov 2012. I was worried to rely on discretion as I may loose my money because I am not sure if I will qualify under

g. "consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted. This can include applications for asylum which have resulted in the grant of ILR (you should note that any asylum cases granted on or after the 30 August 2005 will not result in ILR, applicants will instead be given limited leave) ; or"

Yes I plan to apply at the same time with my daughter I was just not sure if she is 2months away from her 18th birthday in NOV 2012 whether this would be allowed as they say the application can take up to 6months to process meaning she might turn18 before then look at the application. Thanks for your help .

[vinny]

I believe that she should be okay (9.13.1), if able to apply while she's still a minor.

[chibage]

thanks