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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I have query regarding my daughter Citizenship application.

Customer Question

Hi there,
I am Ramesh Duvvuri, I have query regarding my daughter Citizenship application.
My daughter born in 2013, in India and at the time of her birth I was on ILR. I have got British Citizenship two months after my daughter born. She has been granted entry clearance visa from 2014 till Nov'2016. Is my daughter eligible to go for Citizenship registration instead of going through ILR route?
I am happy to pay the consultation fee.
Kind Regards,
Ramesh ***********
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
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Expert:  Buachaill replied 10 months ago.

1. Dear Ramesh, your child would have been entitled to be registered as a British citizen if the child had been born in the UK. However, as your child was born in India, she does not qualify for registration as a UK citizen as you would have needed to have been a British citizen by descent, in accordance with section 3 of the British Nationality Act, 1981, in order that she acquire British citizenship. so, your daughter will have to live for five years continuous residence in the UK before she can get Indefinite leave to Remain and then one year later, she can apply for UK citizenship.

Expert:  Buachaill replied 10 months ago.

2. In this regards, ***** ***** you received from the NCS is correct. It is not possible to register foreign births as a British citizen unless the parent is a British citizen by descent themselves. Your child would have had to have been born in the UK to qualify immediately as a British citizen.

Expert:  Buachaill replied 10 months ago.

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Customer: replied 10 months ago.
Dear Buachaill, Thanks very much for quick response. In regards ***** ***** does my daughter need to wait for 5 years to be able to for ILR or can she (we) apply for ILR now so we can then apply for Citizenship soon after? (She has been granted entry clearance from 03/02/14 - 03/11/16) please clarify?
Expert:  Buachaill replied 10 months ago.

4. She needs to have resided continuously for five years in the UK before she can apply for ILR. She cannot apply at this point in time, as she has only been in the UK for two years. Her right to apply for ILR does not accrue just because you are applying for it or have got ILR. She has to wait the five years residence.

Buachaill and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks very much Buachaill
Expert:  Buachaill replied 10 months ago.

5. You are welcome. Best wishes.

Customer: replied 10 months ago.
Dear Buachaill
I just wanted to which form should we now use for my daughters extension? What visa she will be granted now? She is on 'Entry Clearance Visa' is it equivalent of ILR/Citizenship dependent visa?
Customer: replied 10 months ago.
Dear Buachaill
I just wanted to know which form should we now be using for my daughters extension? What visa she will be granted? She is on 'Entry Clearance Visa' is it equivalent of ILR/Citizenship dependent visa?