ILR or Naturalisation for children straight from Tier 1

[happycamper19]

Yes.

Thanks. Can anyone please advise if, for ILR application for minors the maintenance requirement will apply? (gosh, how I hated this one)

[vinny]

Adequate maintenance required.

[happycamper19]

Adequate maintenance required.

Thank you! Do you happen to have a link to ILR guidance for those on Tier 1 (General)? Trying to recall maintenance requirements.

[CR001]

I believe you need to use form Set(F) (click) for their ILR as they are not applying with a parent so cannot use Set(O). See also Set(F) Guidance Notes (click)

[happycamper19]

I believe you need to use form Set(F) (click) for their ILR as they are not applying with a parent so cannot use Set(O). See also Set(F) Guidance Notes (click)

Forgive my ignorance. Are there any income requirements I need to demonstrate in order for my children to be eligible for ILR? Again, I am UK citizen already.

[vinny]

Adequate maintenance required.

Thank you! Do you happen to have a link to ILR guidance for those on Tier 1 (General)? Trying to recall maintenance requirements.

Yes.

Adequate maintenance required.

[happycamper19]

Adequate maintenance required.

Thank you! Do you happen to have a link to ILR guidance for those on Tier 1 (General)? Trying to recall maintenance requirements.

Yes.

Adequate maintenance required.

Vinny thank you! I realize that maintenance is required. In addition to maintenance, am I required to show proof of income for my child to apply for ILR?

[vinny]

SET(F)

280(b) and 298 requires adequate maintenance and accommodation, etc.

Note that:

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...

Try reading 280(b) and 298 really carefully.

[happycamper19]

Hello,

I need to apply for ILR for my children (myself UK citizen already). Due to time constraints I need to go the PEO route. To save costs, I want to do it without lawyers.

My questions:

1. Is it possible to do a premium service same-day appointment as an applicant who is not represented by a lawyer?
2. Is it advisable? Assuming I fill out all documents correctly and attach all necessary supporting paperwork?

I will be grateful for any advice!

[Casa]

Hello,

I need to apply for ILR for my children (myself UK citizen already). Due to time constraints I need to go the PEO route. To save costs, I want to do it without lawyers.

My questions:

1. Is it possible to do a premium service same-day appointment as an applicant who is not represented by a lawyer?
2. Is it advisable? Assuming I fill out all documents correctly and attach all necessary supporting paperwork?

I will be grateful for any advice!

Most PEO appointments are attended without legal representation. In any event, the legal advisor simply presents the paperwork (as you will). There is no interview, the case worker will check the documents for validity and the application is either:
1. Approved on the day
2. Passed to a higher level of authority for a decision, with no approval on the day
3. Refused

If you feel capable of putting together all the mandatory documents you shouldn't need assistance from an Immigration solicitor or OISC registered advisor. Appointment slots are released onto the system 42 days in advance and some PSCs are fully booked earlier than others. There is currently an IT 'glitch' in the UKVI booking system, with a delay in slots appearing on the booking site...unless this has recently been resolved.

[happycamper19]

Hi there,

I wanted to come back to your point from last night. I am not here to argue, just asking for advice.

I spoke to Home Office over the phone today. They informed me that, because both parents are now British, we can safely apply to register our children as British citizens at HO's discretion. I was very careful to point out that:

a. Children were born Outside UK
b. At the time of children's birth, parents were still Tier 1 General migrants (but SUBSEQUENTLY became naturalised British citizens)
c. Children are still in UK on valid Tier 1 (G) Dependant visas

From your experience, how reliable is verbal advice given by Home Office? Can I assume they voice the positions taken by case workers? If they are not reliable, is an email from Home Office more reliable?

I would be grateful for any info you could offer.

Best regards,

MadNomad

[Casa]

If you search the forum you will see that the HO 'help line' is notorious for giving incorrect advice, often on the most simple of immigration matters. Even more concerning, they take no responsibility for the result of their errors which for some, can be life-changing. I suspect (but have no confirmation) that the 'help line' is manned by an outside agency, which would explain the lack of knowledge/training in the Regulations. I very much doubt that the HO would reply with advice by email.
At the end of the day, it's your choice, your risk and your money. We can only offer advice on the situation as we see it.

Edit: Note the 'get out' - At the discretion of the Home Office

[happycamper19]

If you search the forum you will see that the HO 'help line' is notorious for giving incorrect advice, often on the most simple of immigration matters. Even more concerning, they take no responsibility for the result of their errors which for some, can be life-changing. I suspect (but have no confirmation) that the 'help line' is manned by an outside agency, which would explain the lack of knowledge/training in the Regulations.
At the end of the day, it's your choice, your risk and your money. We can only offer advice on the situation as we see it.

Should I apply the same level of caution to written emails form Home Office? Thank you.

[noajthan]

...

From your experience, how reliable is verbal advice given by Home Office? Can I assume they voice the positions taken by case workers? If they are not reliable, is an email from Home Office more reliable?

I would be grateful for any info you could offer.

Best regards,
MadNomad

See: https://www.freemovement.org.uk/immigra ... pectation/

[Casa]

IMHO If you were wrongly advised in an email which resulted in a refusal, your only option would be to apply for a reconsideration or a Judicial review.
As British citizenship is a privilege and not a right, you are not able to appeal the decision. As I've already mentioned, I doubt that the HO would give advice by email.

[happycamper19]

IMHO If you were wrongly advised in an email which resulted in a refusal, your only option would be to apply for a reconsideration or a Judicial review.
As British citizenship is a privilege and not a right, you are not able to appeal the decision. As I've already mentioned, I doubt that the HO would give advice by email.

Thank you!

[happycamper19]

So, after a day of calls and investigation, I dug to the bottom of this.

The issues comes down to interpretation of the following:

"But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important, if:
a. the minor meets the other normal criteria for registration set out in 9.17; and
b. the parents meet the criteria set out in 9.17.9-9.17.14 above, then we should consider whether registration would be appropriate.
9.17.27 If the minor is on restrictions but otherwise meets the normal criteria for registration, we should consult the relevant immigration CMU to see if they wish to remove restrictions. If they do not, we should consider their reasons before deciding whether to approve or refuse registration."

The above does NOT say I should have been British upon arrival to UK. It requires that you "ARE" a British citizen (check!) and that you have come to UK to live permanently (check!).  The real uncertainty is in 9.17.27 as was pointed out by one of the moderators (terms like "should consult", "if they wish", "consider reasons before").

Verdict: it is certainly not a forgone conclusion that a child must have ILR if both parents are already naturalized. but there is considerable uncertainty, as even satisfying criteria above is still subject to additional discretion by HO. Food for thought.

Thank you for your lively and helpful input guys!

[CR001]

Yes agree, and members have still been refused even with quoting that piece and some have failed at reconsideration too.

[happycamper19]

Yes agree, and members have still been refused even with quoting that piece and some have failed at reconsideration too.

My observation of those who were refused on this board: the cases I have seen, none were naturalized citizens but ILR holders.

[vinny]

Then, you missed this refusal.

[vinny]

From your experience, how reliable is verbal advice given by Home Office? Can I assume they voice the positions taken by case workers? If they are not reliable, is an email from Home Office more reliable?

Unfortunately,

Apparently, similar to telephone conversations, applicants cannot rely on Home Office correspondence.

[happycamper19]

Yes agree, and members have still been refused even with quoting that piece and some have failed at reconsideration too.

Guys, I heeded your advice and decided to seek ILR for my kids. However, when I talked to my lawyers, they said that after getting their ILRs, my kids will have to wait for 12 months before they can apply for their citizenship. Is not the registration for citizenship, even by HO discretion, outside the application for naturalisation? Meaning that standard 12 month residency requirement does not apply.

Please inform my uninformed mind. I am really confused and very demoralized now.

[secret.simon]

After ILR, children under the age of ten years can typically apply straightaway for registration.

Your wife and you took a decision in 2013 to have your second child outside the UK., You really should stop whinging about a decision that you took, especially given that you were advised on these forums about the consequences.

[happycamper19]

After ILR, children under the age of ten years can typically apply straightaway for registration.

Your wife and you took a decision in 2013 to have your second child outside the UK., You really should stop whinging about a decision that you took, especially given that you were advised on these forums about the consequences.

I am not whining any more, I swallowed my medicine. If possible, can you share a link to the rules that ascertain the above? If correct, it looks like I need to change my lawyers.

[secret.simon]

I stand corrected. Residence of at least two years is recommended for children over 13 years.

Pages 13-14 of the Guide MN lists the factors that the Home Office caseworkers take into account when granting registration under Section 3(1).

Again, it is at discretion. Remember that discretion can be exercised against your application as well. Discretion means that there are broad parameters, but no hard-and-fast rules and the better substantiated your case is, the better chance it has of success.