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Discussion Starter · #1 ·
Hello,

Does anyone know or have experience in registering a child as a british citizen at home offices discretion? Thanks
 

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Discussion Starter · #3 ·
My story is a long one... I the mother am british by decent..had my first girl in uk 2009 who is british.. Had my second girl outside uk who i wasn't able to pass citizenship to in 2011..My third child a son was born in uk and is british 2014...So 2 british kids now aged 6 and 1 and a non british daughter who is now 4...
I have never lived three straight years in uk.. Only used to come for short visits..
I did finally move to uk august 2013.. I brought my non british daughter on a 2 year multiple visit visa..i put my eldest daughter in school and the non British one also started nursery.. I applied for her to be registered as a british citizen at HO discretion under section 5(1).. I couldnt meet the 270 days in uk criteria..this is why I applied at their discretion.. This was in november 2013...i kept taking her out of uk so she would not over stay her visa every couple of months..
Till today still no decision.. I got a letter 9 weeks ago saying a decision will be made between 4-6 weeks.. Still nothing.. I filed a complaint last week and still waiting..
 

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Your story isn't unusual. There are a lot of parents who are British by decent so their children have various nationalities depending on where they were born and other circumstances. I think the big mistake you made (were you advised professionally?) was to get a multiple-entry visit visa for your middle daughter. Instead you should have obtained a dependant visa for which you only had to meet the maintenance requirement. She would normally get indefinite leave to enter. Then in 2016 you would be able to register her by right under Section 3(5) of British Nationality Act 1981. As things stand, you had to apply for discretionary registration, but given your circumstances, it's difficult to meet many of the criteria such as no time limit on the child's stay, continuous residence of at least 2 years etc. I suppose you just have to wait for the outcome, and if unsuccessful, since you can't appeal against their decision, you have to get a dependant visa for her (outside UK) and start again. Or they may give her leave to remain outside the rules, bearing in mind you have other children in UK.
 

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Discussion Starter · #5 ·
Please could you explain what the maintenance requirement is? I was advised by CAB to apply this way.. In march 2014 her visa expired so i was also advised to apply for her set f before visa expiration which i did.. I received confirmation and did her biometrics and now just waiting on an outcome.. So i have two applications lodged.. One to extend her stay and the other to get her registered... Can you advice
 

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Discussion Starter · #6 ·
Let me add that both apps have a great risk of being refused.. But i couldn't do it any other way.. I cant leave uk since I've made a life here and working and planning to sponsor my husband in a couple of months..my kids are in school and august this year ill be 2 years here.. I am hoping her registration app gets granted on the basis that her siblings are here.. Or that the set f app gets granted or they grant her outside the rules.. In any way i dont think they can ask her to leave..
 

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But the thing is, your daughter is here as visitor, which doesn't give her any residence at all. She can only stay for 6 months and then has to leave UK and re-enter.
Maintenance requirement means you can maintain her without recourse to public funds. In your case you need £191.70 per week after paying for rent/mortgage and council tax. As she is on visit visa, you cannot apply for any other visa here but have to return to her home country (Lebanon?) and apply for dependant visa. If she is successful in getting registered as British (by descent), all is well, but if not, and she doesn't get leave outside the rules, that's what you have to do. Really bad advice by CAB.
 

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Discussion Starter · #8 ·
But maintenance requirement would mean i have to be here in london working.. How can i do that if she isnt with me?
 

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Discussion Starter · #10 ·
Could you help me in providing a link on the visa i would need to apply for in her case if i was to take her out of uk and start again? Although she starts reception in September and I would be risking everything my house job kids schools etc.. I Would rather wait and see the outcome since I've been waiting so long already.. Really thankyou for your help and sorry for the repeating threads.. Still new at this forum
 

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Simplified guidance at https://www.gov.uk/join-family-in-uk/overview. Follow 'joining parent' in UK. Eligibility:
Joining your parents
You must be under 18 and all of the following must apply:
you’ll be living with your parent or parents
you’re not married, in a civil partnership or living an independent life
you’ll be supported and accommodated adequately without using public funds, or you meet the financial requirement.
You don't need to be in work. If you have savings, get child benefit, child tax credit or other allowances, they can be added up. Despite what it says above about public funds, you are claiming those benefits for yourself and your other British child, so allowable. For details, see https://www.gov.uk/government/uploa..._and_accommodation_Appendix_FM_Annex_1.7A.pdf.
Yes, don't do anything till you hear the outcome of your MN1 application.
 

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Discussion Starter · #12 ·
Hello again,

Just wanted to update this thread with the news that my daughters application for being registered at HO discretion has been rejected..they say i can re apply once she gets ILR so hope that works out..
 

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So, as expected, they turned you down. So start with dependant visa for your child, and if she enters on indefinite leave, you can apply for registration. You've been badly advised by CAB, which cost you time, money and more headaches. But at least you can do things properly. Best of luck.
 

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Discussion Starter · #14 ·
The dependant visa would mean i have to take her out of uk? I cant do that at the moment because i lodged in a set f application on April 2nd and still waiting on an answer...her passport is with home office.. I guess dependant visa is my last option if she gets refused set f.. Does anyone have experience with processing times these days with set f? Thanks Joppa
 

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1-2 months if you are lucky (obviously you weren't), 3 months or more if not.
But why did you go for SET(F)? What does Home Office say?
 

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Discussion Starter · #16 ·
With advice of a lawyer i was told to try set f for her. Initially i was going to go for flr(fp) but lawyer told me to try set f because if she doesn't succeed than they will grant her outside the rules. I showed i am working and can financially cover her and her dad if i was to sponsor her from outside uk and i applied for this before her visit visa expired by 28 days. I applied 2nd april and registered biometrics a couple of days after it was very fast..also i added in the application that all this time i had applied for british for her and waiting on a decision and i said it was CAB advice etc..
 

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I don't know why those so-called experts say things like that (I have my suspicions - ignorance or wanting money off you in fees). If you had acted correctly, taking her out of UK, applying for dependant visa, entering UK with indefinite leave and registering her as British, you would have been all sorted by now. How much did you pay your lawyer?
 

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Discussion Starter · #18 ·
How could i have done that? I have another girl in school, i have a job, renting a house, i also had a small newborn.. It was the circumstances at that time.. It was my best option
 

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But didn't work! Taking a month's holiday would have given you enough time to do properly. How much did lawyer charge you for 'advice'?
 

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Discussion Starter · #20 ·
Would you advice i stop set f and leave now? She has a summer break before she starts reception however i cant risk it if she doesn't get a visa in time
 
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