Daugther's MN1 application rejected - Help

Hi,

I applied for my and daughter's citizenship but today I received letter saying my daughter's application is rejected. Following are details.

NCS or Postal: NCS Barking(myself and my daughter)
Nationality: Indian
Date of submission : 9th May 2010
Received at HO: 11 March 2010
CRITERIA - 4 years WP + 1 years HSMP + 1 Year ILR
Date UKBA made decision: 23rd June
Date of receipt: 2nd July
PR received: June 2009

I did not apply for my wife because she is on married visa. I had applied for her HSMP visa 3 years ago which was approved. Due to this she lost her initial 3 years of leave and when we came know about this rule and moved her back to dependent visa, damaged was done. After my PR I applied for marriage visa which means hopefully by next June she will be apply for PR.

My daughter has always been dependent on me since she was born and she received PR at the same time as me.

The reason given in the letter for rejection was "Normally minors will not be registered if as appears in this case, one of their parents is subject to conditions of stay in this country". A fresh application can be made when my wife receives has PR.

Has anyone had any success in registering children with one parent being on PR and another not?

Also, she was born in India.

imurlove wrote:Also, she was born in India.

if she born here and you and wife both got ilr then you can apply in this case they right bec she born in india and mother not get ilr thats why,both parents settle here and get ILR then you can registred

Sorry to hear your case but registration of a child using MN1 has specific guidelines on parents who must be at least 1 British citizen and another as settled in the UK (a.k.a. ILR).

Pls see p14 of MN1 guidance notes which states as follows:

Any other child born to British or non-British parents.

It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide. However, in considering any application not specifically covered above consideration will be given to:

• The child’s connections with the UK - we would expect the child to be free of any restrictions on his or her stay in the UK

• Where the child’s future is likely to lie

• The parents’ views

• The parents’ nationality and immigration status - we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK.

• Whether the child is of good character

• The length of time the child has lived in the UK - we expect at least 2 years residence (particularly if the child is over the age of 13)

• Any compelling circumstances such as a job offer or other opportunity which requires British citizenship.

imurlove wrote:Hi,

I applied for my and daughter's citizenship but today I received letter saying my daughter's application is rejected. Following are details.

NCS or Postal: NCS Barking(myself and my daughter)
Nationality: Indian
Date of submission : 9th May 2010
Received at HO: 11 March 2010
CRITERIA - 4 years WP + 1 years HSMP + 1 Year ILR
Date UKBA made decision: 23rd June
Date of receipt: 2nd July
PR received: June 2009

I did not apply for my wife because she is on married visa. I had applied for her HSMP visa 3 years ago which was approved. Due to this she lost her initial 3 years of leave and when we came know about this rule and moved her back to dependent visa, damaged was done. After my PR I applied for marriage visa which means hopefully by next June she will be apply for PR.

My daughter has always been dependent on me since she was born and she received PR at the same time as me.

The reason given in the letter for rejection was "Normally minors will not be registered if as appears in this case, one of their parents is subject to conditions of stay in this country". A fresh application can be made when my wife receives has PR.

Has anyone had any success in registering children with one parent being on PR and another not?

In fact, the Nationality Instructions are not quite so strict now:


9.17.9 We should normally expect that:

• at least one parent is a British citizen or
• one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);

and

• the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
• whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted
Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.



I would ask for the case to be reconsidered by a more senior caseworker.

Ohh.. I can see some light at the end of tunnel.. the fact is that although the application for me and my daughter was submitted at the same time, they have not made decision on mine but made for my daughter does not seem right to me. If my application was failed and than they refused her that's logical but that didn't happen. Should I wait for my application outcome and than write to home office or can write straight away? Also, as this is a discretion, can I request it to be applied? We have bought a house here, another investment property and my wife is working so there is enough evidence to prove that we do plan to settle in UK.

But I do think that had I known about this, I would have waited until my wife to get PR.


Thanks a lot JAJ, Markie and krimith for your prompt response.

One problem i can see is your wife should get ILR if you want to register your daughter as british citizen.

Children's are mainly looked at their mother status than fathers

imurlove wrote:Ohh.. I can see some light at the end of tunnel.. the fact is that although the application for me and my daughter was submitted at the same time, they have not made decision on mine but made for my daughter does not seem right to me. If my application was failed and than they refused her that's logical but that didn't happen. Should I wait for my application outcome and than write to home office or can write straight away? Also, as this is a discretion, can I request it to be applied? We have bought a house here, another investment property and my wife is working so there is enough evidence to prove that we do plan to settle in UK.

But I do think that had I known about this, I would have waited until my wife to get PR.


Thanks a lot JAJ, Markie and krimith for your prompt response.

gg234 wrote:Children's are mainly looked at their mother status than fathers

That is wrong!

called up ukba this morning. They confirmed that my decision has been made and letters are in post. Hopefully I should get it this week. Following this, will write to HO about my daughter.

Got my approval letter today....

so end of the 'journey'

All the best guys who are waiting for outcome.

I will now send a letter to home office for my daughter. Will keep you posted.

imurlove,

I was in the same situation around 4 years back, i.e. my daughter and I got ILR, but my wife did not apply with us and continued on dependant visa. When I applied for my naturalisation my daughter's application was rejected on the same grounds as yours. My wife subsequently got ILR and my daughter and she are now naturalised.

So based on what you have said, I do not see much hope of your daughter being naturalised till your wife gets PR. But I may be wrong.

I also do not have much hope. I have wrote a letter to HO, let's see what happens.

Another thing, my wife has been living in UK for last 6 years albeit as dependent than on HSMP and since last year on marriage visa.

Now that I am citizen can I apply for some sort of "life long" visa for her? She is NOT keen on being citizen and would like to retain her indian passport.

John?

imurlove wrote:Now that I am citizen can I apply for some sort of "life long" visa for her? She is NOT keen on being citizen and would like to retain her indian passport.

Apply for ILR. If she is currently in UK as spouse of settled person / citizen, then use SET (M) to apply.


regards

Another reason to apply now for ILR is beacuse the rules might change in July 2011 and it would not be possible to apply for ILR anymore.

Well, For SET(M) she needs to be dependent for 2 years which continuously she is not. She was dependent for initial 3 years than 2 years on HSMP and now 1 year on marriage visa so by the looks of it, I don't think she can apply for SET(M) for another year.. any thoughts?

Really good news guys..

JAJ, mate I owe you a big dinner seriously.

Your following comment

" whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted
Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.
"

did worked and today I got citizen certificate for my daughter! Wife is really happy!

I cannot thank you enough for your help!

cheers!