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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I will be eligible ILR this August 2016 after completing 5

Resolved Question:

I will be eligible for an ILR this August 2016 after completing 5 years of stay on a Tier 2 General Visa.
Can I apply for Citizenship for my daughter, born in the UK in July-2014? Or do I have to apply for an ILR before applying for her citizenship. (in that case, do I need to wait for 12 months for her citizenship application after ILR?)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry.Once you are granted ILR your daughter can be registered immediately as a British citizen.
Customer: replied 1 year ago.
I was told by another source that I need to apply for the ILR before Citizenship (otherwise the result is under the discretion of the Home Office). Do you agree?
Expert:  Frantz I replied 1 year ago.
If you have ILR or citizenship your daughter can register as British under section 1(3). Discretion is under section 3(1).
Customer: replied 1 year ago.
Where can I find the text of section 3(1)?
Expert:  Frantz I replied 1 year ago.
I am happy to assist further when I have been rated for the first.
Customer: replied 1 year ago.
Can you please clarify the extent of 'discretion' - I will be happy to rate if you can please clarify?
Expert:  Frantz I replied 1 year ago.
Unfortunately I am unable to assist any further than I already have without being rated. If you don't feel you can rate with the information I have already provided, I will opt out.Your daughter's situation should not be discretion if you have ILR. S1(3) is not the same as S3(1). Please read my previous answer correctly.
Customer: replied 1 year ago.
Hi Frantz, Much of my concern was around the 'discretion' aspect of the application - and that has not been answered yet. hence, my 'unsatisfactory' rating overall
Expert:  Frantz I replied 1 year ago.
I am sorry I am not able to give you any further assistance or wish to turn things around. I am only here to support. Perhaps your initial question should have been more specific to discretion which it wasnt. Your question was not specific to discretion. Anyway you have received the answer you want. Good luck and thank you for the feedback.
Expert:  Frantz I replied 1 year ago.
Here is the link anyway for s1(3). https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262181/chapter8.pdfand for section 3(1) here is the link https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262095/chapter3.pdfGood luck
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