Child born in the UK but not living with settled parent

[sarrial]

Hi

I have recently got ILR after 5-year in the UK stay as a Tier 1 migrant.
I have one and half year old daughter born in the UK and living with her mother. Can I apply for her British citizenship? She has been living with ex as we separated about an year ago. Her mother came to the UK as my dependent and after separation she applied for asylum and still waiting for feedback of her application. Can I apply for my daughter's naturalization / ILR even though she has been staying with mother.

[CR001]

Yes you can apply on MN1 under section 1(3). Is your name on her birth certificate etc.

[sarrial]

My name is on her birth certificate.

Someone told that I need to be the carer (parent with who the child live) in order to apply for her citizenship. I see her on weekly basis and pay all the expenses related to food, clothing, toys etc. She doesn't live with me and payment is not through child support agency / through any agreement. As I said, mother claimed asylum and still waiting for feedback.

[CR001]

No, the advice is wrong. A child born in the UK before parents gain ILR can be registered as BC on MN1 under section 1(3) once ILR is granted to the parent.

Are you divorced or just separated??

[sarrial]

Divorced. Does this matter? Her mother has claimed asylum (for herself and child too) as she couldn't find any other way to stay in the country...

I have daughter's overseas ID card and birth certificate. Do we need passport of mother and the child too?

[CR001]

If the child was born in the UK before your ILR was approved, there is no need for the childs passport.

MN1, UK birth certificate, your passport & ILR should be fine.

Not too sure if the asylum app will have an impact, maybe a moderator could advise on that.