Ask an Immigration Solicitor. Get an Answer ASAP.
You have been ill advised. You must include your child as a dependant.
You have been told what the rule is. You may choose what you wish to do.
You are better off instructing a solicitor/lawyer to guide you through this because you are committing thousands of pounds to this application and simply paying JA $42 for this is penny wise pound foolish. In my day job as an immigration lawyer i charge £160 per hour and I have spent hours here and wouldnt commit to spending anymore particularly as this case is trivial. Had your daughter born in the UK not applied for leave then you wouldnt need to apply for her until your ILR. children born in the UK to parents on a visa are what we call in limbo state ie niether overstayers or illegal. but once you apply to regularise thier stay you take them out of limbo and into immigration control and that is why you must apply at the same time to avoid hefty costs later and tribunal appeals.
The law is the law whether it makes sense to you or not. "penny wise pound foolish" is a British saying. If you are about to embark on a journey to becomng British you should take some time in understanding British values and language.
There is no such thing as British by ancestry. I have informed you that your child must be included in your application for ILR. You are not British in any way until you have pledged allegance to the Queen and naturalised as British.
I have also explained your child is no longer in limbo to benefit from not having a visa. It is your choice if you want to spend all that money without seeking legal advice. JA does not provide legal advice. You have been told what needs to be done. I cannot change the law to suit you. Immigration fees are expensive. You arent the only one experiencing financial difficulties many of my clients are in worse situations and i dont have to repeat myself on trivial cases like this.
If you have any serious questions to ask I will happily help but I wouldnt go over this anymore sorry.
ourIf your grandparents are British then at least one of your parents would be British and I am wondering why didnt you apply for British citizenship direct? Your qiestion was answered but you didnt like the answer because you are trying to avoid paying the appropriate fees. You must have decided to reqularise your childs status yourself without proper consultation and this is why you are here now. Perhaps you recieved proper condultation and didnt take it on board like on here. Anyway good look and i dont expect to be rated positively. I wish you well.
Once again to answer your original question you must include your child in your application for ILR. ILR does not grant you British citizenship neither does UK ancestry.
How could your child be eligible for British citizenship. On what basis?
How could your child be eligible for British citizenship? On what basis?
You are givng me relevant information that should have been given without having to painstakingly price it out.
The second contact point from the Home Office is right that they cannot give advice. So if you have already been told by the Home Office then when you attend your appointment tell them you were advised by the Home Office and wait to hear what they say.
Your child should never have been included in the first place and thats what i have told you but because you included her she becomes subject to immigration control. It was your doing. Everyone thinks they know all about UK immigration until they get it wrong and try to blame everyone else but themselves. UK immigration have some subtle rules that people take for granted.Your child is now subject to immigration control and therefore must be included unless in the form you choose not to mention or include you have a dependent child and therefore face the wrath of the Home Office for deception.
I read you question correctly and i deal with this type of cases regularly I understand truly and I know that the only way children are taken out of limbo is when parents choose to travel out of the UK with them. If a parent had to take their child out of the UK that child must come out of limbo and be subject to immigration control otherwise the child wont be allowed back in. If you had sought legal advice you would have been told of the consequences but the Home Office wouldnt have told you this as they cannot give legal advice.
I am afraid the consequences of travelling out with your child is the costs you have to pay now unfortunately.