question on applying for citizenship with daughter on ILE

[sweet_cookie08]

hi all,

Need help and clarification. I am eligible now to apply for citizenship. My daughter (14yrs old) has been granted an ILE last month and she's here in the UK now. My question is, can I apply for citizenship together with my daughter though she's just been in the country for a month? Isn't whatever visa I have, she will automatically have the visa as she is my dependent?

thanks!

[joebloggs]

no as Citizenship is not a visa. Children under 18 can only register as British if they are eligible.normally the child could apply the same time as the parent, but i think as she is over 12, UKBA might want her to have been in the UK 2yrs first but its at the discreation of the Home office, so give the UKBA a call and see what they say..

[Terpe]

Sorry to say this, but basically what joebloggs has described is correct.

There are two age 'limits' that are cause for extra evidence. Those are 10 years old and 13 years old. At 14 years old it gets somewhat more complicated.

The registration of minors under the conditions you outline is really down to what is called 'Discretion' by the the home secretary and is based upon Section 3(1) British Nationality Act 1981

What this means is that really that there are no hard and fast rules, and that's why is so difficult to predict.
The law gives complete discretion and each case must be considered on its merits. All the relevant factors must be taken into account.

However, from what you have said, and in my opinion, the childs age, residency and paternity would be insufficient to allow registration, even under discretionary rules.
Certainly you would face a huge challenge in providing even acceptable referees after just one month.

Normally I would would agree with what joe has said in that at 14 years of age 2 years residency in UK would normally be required.

However, simply because you have not divulged sufficient personal information, I would suggest you try for a 'free' 30 minute consultation with an experienced immigration advisor just to confirm that we are correct.There may be some very personal but pertinent information that could be of benefit.
Maybe there is already a caselaw that could be used.
Personally I have some doubts but you just never know. Always try to be positive.

I don't want to appear unecessarily negative but I do believe any application for registration would fall to refusal. But I'm not a specialist and I do feel that perhaps free consultation (or even a short 15 minute paid one) would put your mind at ease in that you tried every avenue.

Alternatively do as joebloggs suggests and try to discuss with someone at UKBA.
Although often those telephone advisors are not so good, so please do try to talk with a genuine caseworker, rather than a 'contact centre advisor'.
No offence intended to any contact centre workers out there.

Hope you can keep us all updated on what you do, and how it all pans out.

[joebloggs]

your right about the UKBA advisers. so you better phone a couple of times to see if you get the same answer, and check your local council they should have a nationality checking service which might know the answer.

i'm sure its either 12 or 14yrs old they might want her to be in the country first for 2yrs, thou this might be not always be the case, as mentioned it could be allowed at the discretion of the Home Secretary.

[sweet_cookie08]

Thanks Terpe, will surely update you guys. My british husband will call the UKBA and lets see what will they say to him.

[sweet_cookie08]

Thanks Joebloggs, will try everything then.. call UKBA and seek advise from the local council and will update here for the outcome..

[Moy]

this is very interesting topic thanks for posting and waiting more answers here
i got my daughter 9 years old next year and currently on ILR same as me and would be 3 years here in the UK next year
and hoping she be eligible to apply citizenship with me next year if the havent change the law
so at now am still gathering some inf..of whats what

thanks

[joebloggs]

your daughter should be ok ros as she is only 9yrs old

[Moy]

your daughter should be ok ros as she is only 9yrs old

thanks for reply Joe bloggs