Daughter ILR REFUSED

[JShah]

Please advise me what I need to do,
I got my and my son's ILR, and they refuse my UK born daughter on the ground that her mother has not got ILR.
The funny thing is, they give visa to my daughter for only 23 days and took premium service fee of £1163(which to me is absolutely unfair). The case worker said that my daughter has to extend visa again along with my wife visa(due to expire on 6th Dec 2013).
Plz which other option I have, can I challenge this decision(no right to appeal mention on the letter).
My wife current visa: tier 1 dependent(expire on 6 dec2013)

Regards

[Amber]

As your daughter was born in the UK and you now have ILR, your daughter is entitled to register as British by virtue of Section 1(3) BNA on form MN1.

I assume you applied for ILR as a PBS applicant? How long has your wife been a PBS dep?

[JShah]

Thanks for immediate response,
My wife has PBS dependent visa for more then 2 years, the reason she did not apply for ILR, she does not meet english language requirements.
Now that they issue PBS dependent visa to my daughter for 23 days only which I have to extend for her again at the same time with my wife visa,
So what I should do, is there any chance of challenge the decision(but they did not give right of appeal). I paid fee for ILR premier service but they just extend for 23 days,
Any advice will be highly appreciated

Regards

[vinny]

As Amber has previously kindly stated, your UK-born daughter is entitled to register for British citizenship. She requires no further leave to remain applications, if she registers.

[JShah]

Thanks Vinny,
I understand that point but as I mentioned that they already issued my daughter PBS dependent visa which is due to expire on 6th Dec 2013,
In this case do i have to extend her visa or is she still eligible to be register as British Citizen even though she got visa.
Plz guide me I m confused

Thanks

[Amber]

Her entitlement to register as British is not dependant on her immigration status.

[JShah]

Hi,
Because I will be sending my wife visa for extension, so i have to send my Passport and BRP with her application as a proof, so is it possible to send my daughter application(MN1) at the same time as my wife's one because I can't wait for my wife decision bcz by that time my daughter visa would have been expired which I do not want.
Any suggestion plz.

Regards

[Amber]

If you use the NCS for your child's MN1 application you'll get to keep all your documents. Moreover, I believe the UKVI will now accept photocopies of the sponsor's passport for immigration applications.

[JShah]

Thanks alot Amber,
Just a last one,
You know I applied ILR for my daughter at same time as mine, but they give her visa just for 23 days, and I paid them full PEO Service fee(£1163),is there any chance of getting that fee back or atleast part of it.

Thanks for ur cooperation

[vinny]

Unfortunately, probably not, as it was your choice to make an (unnecessary) application for leave to remain for her.

They granted her leave under 316I, in line with her mother's. However, as she was born in the UK, they could have granted her leave in line with yours, under 306.

Fortunately, it's moot after she registers as a British citizen.