Children of LR ILR applicant

Hi
I am going to apply for indefinite Set lr on 15SEP15 I already booked the premium service.
My case is simple and straight, every thing on time.
My question is for my kids after getting my ILR:
First kid the situation as fellow:

1- FIRST CHILD
a- Born outside UK
b- Enter UK on 05/01/2006 (he was 4 months old)
c- His age is now 10 years and one month
d- Live in UK for 9 years and 8 months
e- He is dependent on his mum (tier4 dependent visa)
2- 2ND KID
a- Born in UK
b- His age now is 6 years
c- He is dependent on his mum (tier4 dependent visa)
My questions are
1- What is the best route for the first kid to get British nationality
2- What is the best route for the 2nd kid to get British nationality

My questions are
1- What is the best route for the first kid to get British nationality
A child born abroad will be expected to have ILR before qualifying for citizenship and also only if the other parent is also applying. There are some rules regarding children who have lived in the UK for 10 years, but would need to find the info for you.

2- What is the best route for the 2nd kid to get British nationality
Once you are granted ILR, you can apply on form MN1 to register the child born in the UK as British. Once you receive the registration certificate, you can then apply for a British passport for the child.

CR001 wrote:There are some rules regarding children who have lived in the UK for 10 years

I believe that these rules only apply to children born in the UK and have spent 10 years here. As your eldest child was not born in the UK, I do not believe that these rules apply.

However, when your child has spent 10 years, I believe s/he can apply for ILR in their own right. I believe that citizenship will follow with that of the other parent.

In general, children born abroad are treated as in-line with the less privileged parent, unless they have an entitlement on grounds other than that of their parents.

Thnks for replyed me back.
I want to confirm my wife doesnot have ILR.
Can this affect the 2nd child application?
Please can someone send me the link for
MN1application form for the child registration?
Please can someone share me his experience with
situation that i have?
Thank you all.
We all have the same aime at the end.

A child born in the UK is entitled to register as British, your spouses visa status is not relevant.

MN1 Form and Guide (Click)

If you search the British Citizenship forum or timelines, you will find many members posting of their experience.

thank you so much for your reply.
Please, do you know if there is a premium service for the child application or something like that.
Many thanks in advance.

gorangoran wrote:thank you so much for your reply.
Please, do you know if there is a premium service for the child application or something like that.
Many thanks in advance.

No. U can apply MN1 by post or use NCS.

NCS is a service provided by participating local councils. Check first with your local council.

Whichever service u choose u will get MN1 approval in 3 to 4 months time.

thank you very much for that reply.
I really appreciate all of your help and support.

Hi all,
Please, it will be very appreciated if I got help with that issue.
My child condition is:
1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living
4- Was dependent on me sometimes and on his mum sometimes
5- His current visa is dependent on his mum
6- age is 10 and 4 months old
My situation is
1- I have ILR (AFTER 10 YEARS TIME).
2- His Mum does not have ILR
My question is:
What is the best route for my child?
For that best route, can please kindly send the latest version of the application?
Many thanks in advance and much appreciate.
Goran

gorangoran wrote:1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living

SET(LR).

vinny wrote:

gorangoran wrote:1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living

SET(LR).

thank you very much.

My Child is 10years and 5 months, do I need to fill the form as I did for my self and put him as a main applicant. Then put my details in sections C11 -C18.
OR if you know how can I fill it for him in a different way from that I mentioned please let me know.
Please help me in this part.
Many thanks in advance

vinny wrote:

gorangoran wrote:1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living

SET(LR).

I am doubtful if Set LR will be possible for a minor.

The Secretary could well have regards to their age conclude that it will not be appropriate to issue, until the other parent is settled.

Obie wrote:

vinny wrote:

gorangoran wrote:1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living

SET(LR).

I am doubtful if Set LR will be possible for a minor.

The Secretary could well have regards to their age conclude that it will not be appropriate to issue, until the other parent is settled.

Which provisions of the Immigration rules would they invoke to refuse?

Obie wrote:

vinny wrote:

gorangoran wrote:1- born out side UK
2- Born before I got my ILR
3- Lived in UK for 10 years and still living

SET(LR).

I am doubtful if Set LR will be possible for a minor.

The Secretary could well have regards to their age conclude that it will not be appropriate to issue, until the other parent is settled.

Hi All,
Please, Urgent can someone give me a clear answerer regarding my child case.
(Born out side UK AND lived for 10 years and 4 months in UK AND I am have ILR, my does not have ILR)
Please, I am getting confused, please kindly can experienced and professional one answerer me and give me a clear evidence or answer or if someone face this situation before he can pass me his experience.
Kind regards

gorangoran wrote: Hi All,
Please, Urgent can someone give me a clear answerer regarding my child case.
(Born out side UK AND lived for 10 years and 4 months in UK AND I am have ILR, my does not have ILR)

Please, I am getting confused, please kindly can experienced and professional one answerer me and give me a clear evidence or answer or if someone face this situation before he can pass me his experience.

Kind regards

One option is to register at discretion (Ie as child was born outside UK).
10 years in UK is a good indicator that child's future lies in UK & this is in minor's favour.

All parties require at least settled status; (eg ILR).
(One parent as BC or having naturalised as BC helps).

The option is to apply under Section 3(1) of BNA at Home Secretary's discretion; (use form MN1).

You can apply to register minor at same time as parent's naturalisation application (or just afterwards).

Here is HO guidance on such discretionary cases:
https://www.gov.uk/government/publicati ... structions

noajthan wrote:

gorangoran wrote: Hi All,
Please, Urgent can someone give me a clear answerer regarding my child case.
(Born out side UK AND lived for 10 years and 4 months in UK AND I am have ILR, my does not have ILR)

Please, I am getting confused, please kindly can experienced and professional one answerer me and give me a clear evidence or answer or if someone face this situation before he can pass me his experience.

Kind regards

One option is to register at discretion (Ie as child was born outside UK).
10 years in UK is a good indicator that child's future lies in UK & this is in minor's favour.

All parties require at least settled status; (eg ILR).
(One parent as BC or having naturalised as BC helps).

The option is to apply under Section 3(1) of BNA at Home Secretary's discretion; (use form MN1).

You can apply to register minor at same time as parent's naturalisation application (or just afterwards).

Here is HO guidance on such discretionary cases:
https://www.gov.uk/government/publicati ... structions

Hi
Thank you very much,
honestly I did not understand that very well.
But IS THIS MEAN THAT I can not use the form SET (LR) for my child in this case?
Please, answer me.
Kind regards

gorangoran wrote:Hi
Thank you very much,
honestly I did not understand that very well.
But IS THIS MEAN THAT I can not use the form SET (LR) for my child in this case?
Please, answer me.
Kind regards

If you choose to register child by taking the Section 3(1) route you would use form MN1 & not any other.
You would have to be sure all requirements are met, including the correct immigration status of both parents as well as the child.

If you are struggling with all this then suggest you find a suitable immigration adviser or lawyer to help you as this may not be a straightforward case.

noajthan wrote:

gorangoran wrote:Hi
Thank you very much,
honestly I did not understand that very well.
But IS THIS MEAN THAT I can not use the form SET (LR) for my child in this case?
Please, answer me.
Kind regards

If you choose to register child by taking the Section 3(1) route you would use form MN1 & not any other.
You would have to be sure all requirements are met, including the correct immigration status of both parents as well as the child.

If you are struggling with all this then suggest you find a suitable immigration adviser or lawyer to help you as this may not be a straightforward case.

Thanks a lot ,
I asked am immigration solicitor and he suggested to use SET (F) but other said no you can use SET (LR).
I AM CONFUSED I DO NOT KNOW WHAT CAN I DO?
I ANY CAN HELP, THIS WILL BE APPRECIATED.
Thanks

SET(F) may be refused under 300, i.e. when one parent has limited leave.

gorangoran wrote:Thanks a lot ,
I asked am immigration solicitor and he suggested to use SET (F) but other said no you can use SET (LR).

I AM CONFUSED I DO NOT KNOW WHAT CAN I DO?
...
Thanks

It's getting clearer:
as soon as the mother has ILR your options for the child open up.

Without mother having ILR you risk refusals for the child whichever way you apply, either by SET(F) or by MN1 3(1) of BNA (at discretion).

noajthan wrote:

gorangoran wrote:Thanks a lot ,
I asked am immigration solicitor and he suggested to use SET (F) but other said no you can use SET (LR).

I AM CONFUSED I DO NOT KNOW WHAT CAN I DO?
...
Thanks

It's getting clearer:
as soon as the mother has ILR your options for the child open up.

Without mother having ILR you risk refusals for the child whichever way you apply, either by SET(F) or by MN1 3(1) of BNA (at discretion).

Hi all,
Thanks for your help.
Please I am very stressed, I can not believe that through all of our group there is no one who had this situation before.
Therefore, please can I ask some one who had or know someone who had the same situation as me to give me some answer or help.
Please, we are struggling with this system.
Thanks

Being a minor does not appear to be a ground for refusing (276D) a SET(LR) application, unless 276B(ii)(a) is somehow prejudicial, in the public interest, against minors.

Note that:

Syed, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1059 (07 September 2011) wrote:It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...

vinny wrote:Being a minor does not appear to be a ground for refusing (276D) a SET(LR) application, unless 276B(ii)(a) is somehow prejudicial, in the public interest, against minors.

Note that:

Syed, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1059 (07 September 2011) wrote:It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...

Hi Vinny
Thank you so much for your reply.
I understood from your reply that you strongly recommend me to use SET (LR), is this true?
If it is true, so in this case, my child will be the main applicant in this application, i will include his passport and previous ID (bio metric ID).
Do i need to include any thing else from my side?
Do i need to get a reference letter from the his school?
Do you have any suggestion for me while filling the application form?
Thank you very much for your help.

The child will be the main applicant. If he is legally in the UK for at least 10 years, etc., then I think that he should succeed.

Do please keep us updated.

Hi Vinny,
Thanks a lot for that.
Please, Urgent, how can I answer section E14 PAGE 20 ?

E14 Please state what social, cultural and family ties you have with:
• The country where you were born.
• Any other country whose nationality you hold.
• Any country where you have lived for more than five years.
You should tell us about any family, friends, or other connections with that country.

Thanks in advance