Child born abroad's naturalisation with out ILR

[imi99999]

Registration at the Home Secretary’s discretion – Section 3(1) application Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.
Context

I have applied my naturalisation and waiting for decision, my UK born son and daughter already BC. My spouse and 2 Pakistani Born daughter's will complete their 10 years in Nov 2016. My wife will apply her ILR on Long residency in Oct 2016. Now my question is

Question.
Can I register my 2 Pakistan born daughters under the Sec 3(1) after I have my BC and my wife's ILR been granted ? as above copied text does suggest.
My daughters are here since Nov 2006 with under 150 days of absence and aged 11 and 13

[vinny]

Safer if overseas born child also has ILR.

[ilruk2016]

Safer if overseas born child also has ILR.

Hi Vinny,

I am in the same situation. My daughter ( 4years) who is born abroad is residing with my parents and we thought to apply for her BC directly after myself and my wife qualify in 2017, is this possible ? We thought to avoid her ILR as UKVI is only issuing visa for short period of time and need to collect ILR biometrics after arriving in UK( I am guessing this from few of my friends dependants who are on Tier 1's & Tier 2's collected their Biometrics from local postoffice once getting a short stay visa to enter UK) . This is something not possible as we are blessed with second child and there is no one to support us. Also I would like to clarify one more thing about her residency requirements, does she needs to be in UK for 2 years under ILR to apply BC or can she apply BC as both parents are BC.

Thanks in Advance,
AK

[imi99999]

Safer if overseas born child also has ILR.

Why there is no hard and fast rule? Also should I ask how many cases approved and rejected in past 2 years under the freedom of information act

[CR001]

Safer if overseas born child also has ILR.

Why there is no hard and fast rule? Also should I ask how many cases approved and rejected in past 2 years under the freedom of information act

Have you clicked on the link vinny provided (i.e. Safer) and read about refusals for born abroad children not holding ILR?

[imi99999]

Hi SQ

U should go for reconsideration first it's only 80 pound and highlight chapter 9 ,requirements of child born outside UK
And if reconsideration fail then u can go for ilr

Thanks Ali

I am planning for consideration but do u have any idea how long it will take time for reconsideration please. I highlighted below article also:

Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one
or more children who are not automatically British at birth (see “Automatic acquisition
of British citizenship” above) to be registered as British citizens as part of a “family
application”. Children in this category will be considered at the Home Secretary’s
discretion and will usually be registered only if both the parents are granted or already
hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

Hi
Due to financial constraints, I want to apply MN1 Section 3 (1) child born abroad without ILR. Aged 11 and 13. Lived in the UK for 10 years. Once I am naturalised and my Wife's ILR confirmed in Nov. I want to make my wife and two daughters application together. I am very interested in the outcome of your case. Although I have been advised by moderators to use safe way of by applying ILR for the children first. But doing so will push me under a lot of financial pressure.

[noajthan]

Be aware these cases under section 3(1) of BNA are decided at the Home Secretary's discretion.

When coming to these decisions the HO officials follow a set of guidance rather than making up random decisions.
They are also very mindful of not setting precedents.

This means even if a member achieves a favourable result in their case and based on their individual circumstances it does not follow that you would enjoy the same decision for your case.

And the applicant's financial situation, and any desire to save time or money (or to be helped out because of travel plans), are not factors that are taken into consideration at all.

You can get into the mind of the caseworker weighing up your case on behalf of the Home Secretary, here:
https://www.gov.uk/government/publicati ... structions

[secret.simon]

Safer if overseas born child also has ILR.

Hi Vinny,

I am in the same situation. My daughter ( 4years) who is born abroad is residing with my parents and we thought to apply for her BC directly after myself and my wife qualify in 2017, is this possible ? We thought to avoid her ILR as UKVI is only issuing visa for short period of time and need to collect ILR biometrics after arriving in UK( I am guessing this from few of my friends dependants who are on Tier 1's & Tier 2's collected their Biometrics from local postoffice once getting a short stay visa to enter UK) . This is something not possible as we are blessed with second child and there is no one to support us. Also I would like to clarify one more thing about her residency requirements, does she needs to be in UK for 2 years under ILR to apply BC or can she apply BC as both parents are BC.

Thanks in Advance,
AK

Not the same scenario.

If both parents are British citizens by now, the child should be issued with ILE by the UKV&I. That is the equivalent of ILR issued outside the UK. Once in the UK, the child can be registered under Section 3(1).

[noajthan]

@ilruk2016 ,
you are confusing the issue by posting in OP's topic with a completely different scenario.

Kindly open own topic with own question to avoid further jumbled responses and confusion. Thanks.

[ilruk2016]

@ilruk2016 ,
you are confusing the issue by posting in OP's topic with a completely different scenario.

Kindly open own topic with own question to avoid further jumbled responses and confusion. Thanks.

My fault, Apols will not repeat this.

Thanks, AK

[noajthan]

Related case, may be of interest:
http://www.immigrationboards.com/britis ... 10165.html

[imi99999]

Be aware these cases under section 3(1) of BNA are decided at the Home Secretary's discretion.

When coming to these decisions the HO officials follow a set of guidance rather than making up random decisions.
They are also very mindful of not setting precedents.

This means even if a member achieves a favourable result in their case and based on their individual circumstances it does not follow that you would enjoy the same decision for your case.

And the applicant's financial situation, and any desire to save time or money (or to be helped out because of travel plans), are not factors that are taken into consideration at all.

You can get into the mind of the caseworker weighing up your case on behalf of the Home Secretary, here:
https://www.gov.uk/government/publicati ... structions

9.17.11 It will rarely be right to register a child neither of whose parents is or is about to become a British citizen. However, each case should be considered on its merits, and there may be exceptional circumstances to justify registration in a particular case, such as for example:

 older teenagers who have spent most of their life here, or


My daughters arrived in UK aged 3 and 2 years in 2006. Since then they have been living here.
What is your opinion?

[noajthan]

9.17.11 It will rarely be right to register a child neither of whose parents is or is about to become a British citizen. However, each case should be considered on its merits, and there may be exceptional circumstances to justify registration in a particular case, such as for example:

 older teenagers who have spent most of their life here, or


My daughters arrived in UK aged 3 and 2 years in 2006. Since then they have been living here.
What is your opinion?

This is talking about minors in UK.

Note the use of the words rare and exceptional circumstances.

Each registration is at discretion and can go either way, that is the nature of discretion.
I do not believe financial constraints can be classed as exceptional circumstances.

[ouflak1]

My daughters arrived in UK aged 3 and 2 years in 2006. Since then they have been living here.
What is your opinion?

Get their ILR and then register them, in my opinion. That is the simplest, least frustrating (practically clean-cut straightforward in your case), and potentially cheapest route. The entire process could be wrapped up and complete easily within 6 months of the ILR applications.

If you take the risk of going straight for registration, you risk a drawn out costly expensive battle through appeals/reviews and possibly even out-of-time ILR applications, which will almost certainly be more expensive by the time you are finally forced to file them anyway. That whole mess could drag out for years.

It is possible you could win at the appeal level or JR level. You might even get registration on the initial application. It has happened, though it appears to be happening less and less now. The mood for immigration, even perfectly legitimate legal immigration, is not great at the moment. I would never trust any case worker to simply see things the way I see them (where it all appears so obvious). And in this particular case, there is just too much at stake.

[imi99999]

Hi All
When can I apply ILR for my Daughters who arrived in Uk Nov 2006 and which Form and Guidance will I need to use and what is the qualification critaria.

[CR001]

On what basis did you get ILR? Assuming you got ILR based on 10 years long residence.

You can apply for ILR for your children within 28 days of them reaching 10 years long residence. Use Set(LR) or Set(F)

[imi99999]

Thanks CR001
My daughters completing their 10 years, same time as my Wife. Can all three use SET(LR) for indefinite leave. I was in an impression that children can't use SET(LR). Please correct me if I was wrong.
I personally would prefer SET(LR) for my daughters as I don't need to fillup any details about my finances comparing to SET(F)

[CR001]

Yes, members on the forum have used Set(LR) and should be ok as far as I am awere. You will need 3 separate applications though.