UK Immigration Law

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Question 1. My wife and I is holding an Indefinite Leave to…

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Question 1. My wife and...
Question 1. My wife and I is holding an Indefinite Leave to Remain in the UK granted By Home Office on September 2009. My daughter who was born in the UK on the 22nd of January 2007 was not included in our ILR because she stayed in Philippines for some reason during our application of ILR. My daughter is back to UK on her visa Limited Leave to Remain. Can My daughter apply directly for Citizenship without applying for ILR since she ws born in the UK under Section 1 (3) of the British Nationality Act of 1981?

Question 2. My wife entered the UK on 27 July 2004 , applied ILR on 27 of July 2009
but Home Office stamped her passport ILR on the 15th of September 2009. When can my wife qualify to apply for citizenship? Is it July 2010 or September 2010.
Submitted: 8 years ago.Category: UK Immigration Law
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Answered in 12 hours by:
6/9/2010
Solicitor: INC, Solicitor-Advocate replied 8 years ago
INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 12,010
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
Verified

Hi,

 

Thanks for your questions.

 

In response:

 

1. No your daughter cannot apply for Citizenship without first obtaining ILR. Your daughter would only be a UK National at birth if one of the parents was a UK National at the time of her birth.

 

2. Your wife will be eligible to make an application for Citizenship in September 2010 based on the information you have provided above.

 

I hope this answers your question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Ask Your Own UK Immigration Law Question
Customer reply replied 8 years ago
Relist: Inaccurate answer.
Im sorry but im not satisfied with your answer. You did not elaborate Secton 1(3)of British Nationality Act of 1981 which states that if a child parents has become settled, the child will have entitlement to register a Britsh Citizen. Could you please give me the reason why my daughter needs to get ILR first before registering as British Citizen, this means Section 1 ( 3) is absolutely useless. Please read. thanks
Solicitor: INC, Solicitor-Advocate replied 8 years ago
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