MN1 3(1) refusal complex situation

Hi board, my problem gone bad to worse.here is the case situation.MY wife and my daughter joined me in October 2011 as PBS Tier 1 dependant. My daughter was 9 month old and now she is 5 years +. I got my ILR in December 2013 based on ten year. In Feb 2014 I applied my wife and daughter case FLR M, applcation refused on lack of funding,reason I had financial issues. Appeal to tribunal refused later. whole process lasts for almost 14-15 months. Finally in march 2015 one of Immigration advisor advised us to submit two separate applications FLR(FP) app for my wife and MN1 Sec 3(1) for my daughter. HO granted my wife 30 months visa based on ten year route. My first query is does she has to wait for ten years for ILR or she will be qualify for 10 year route from the date she entered into the country which is the normal practice till Now. This is my understanding. Second query is about my daughter registration refusal. HO has refused her registration initially and reconsideration as well. Here are main lines of decision for your attention: "We would not normally register minors under this provision if neither of the minor's parents were a British Citizen, nor would any minor be registered if both the minor in question and indeed one of their parents ( on this particular occasion) the natural mother of (my daughter) were not registered as being "settled" in the united kingdom as defined by the immigration laws".
Whilst it is appreciated that natural father has recently acquired BC via naturalisation the fact nevertheless remains that both (my daughter) and her natural mother donot presently hold Indefinite Leave to remain status in the UK. As a consequence I am afraid to say that we do not have any satisfactory grounds to justify overturning our original adverse decision taken on (my daughter) unsuccessful registration application.

If your client still wishes to become a BC a fresh application will need to be made. Any fresh application will be decided on the basis of enquiries carried out at that time.”

Now what do i have to do to get out of this and how much time do i have from the date of this refusal le

blackpearl108 wrote:Hi board, my problem gone bad to worse.

...

If your client still wishes to become a BC a fresh application will need to be made. Any fresh application will be decided on the basis of enquiries carried out at that time.”

Now what do i have to do to get out of this and how much time do i have from the date of this refusal le

Most unfortunate.

If parent and child do not have settled status then the solution is to get ILR for your child (& other parent).
When second parent naturalises you can also apply to register the child under section 3(1) of BNA (which, as you have discovered, is at discretion of Home Secretary).

See full HO guidance on these critical matters here:
https://www.gov.uk/government/uploads/s ... 150402.pdf

Thanks Noajthan thanks for your support if I ask you how to get ILR for my daughter at this stage if possible ?? And if not what to do next

Does your daughter have any visa status at the moment? If not, you will likely have to apply on FLR(FP).

Thanks CR001apparently her last visa expired 2 yrs ago since then one application to another and if I apply for her FLR FP then is she going to be on 10 year route for settlement or some thing else?

Likely your daughter will have to follow the same path as your spouse.

hi board any more suggestions any thing better than FLR FP e.g SET F or JR and like I said how many days do I have to do any next submission like is it 28 working days which is normally the case. thanks

blackpearl108 wrote:hi board any more suggestions any thing better than FLR FP e.g SET F or JR and like I said how many days do I have to do any next submission like is it 28 working days which is normally the case. thanks

JR for what exactly? The MN1 refusal was correct. A child born abroad needs ILR. You failed at the reconsideration too.

The child is way past the '28 days period' as her visa expired a long time ago. Citizenship laws and immigration rules are two separate things, don't confuse them as what is relevant to one is not relevant to the other at all. You should submit an FLR(FP) application, in my opinion.

blackpearl108 wrote:hi board any more suggestions any thing better than FLR FP e.g SET F or JR and like I said how many days do I have to do any next submission like is it 28 working days which is normally the case. thanks

You applied under 3(1) of BNA which is at Home Secretary's discretion.

That' s the thing about discretion its discretionary.

To avoid creating precedents case by case, HO follows guidance to decide how to apply this discretion (on behalf of HS);
the outcome was quite predictable and unsurprising.

There is no appeal and no evidence process was not followed, so no grounds for reconsideration.

Unclear what you think JR could achieve.

noajthan wrote:

blackpearl108 wrote:hi board any more suggestions any thing better than FLR FP e.g SET F or JR and like I said how many days do I have to do any next submission like is it 28 working days which is normally the case. thanks

You applied under 3(1) of BNA which is at Home Secretary's discretion.

That' s the thing about discretion its discretionary.

To avoid creating precedents case by case, HO follows guidance to decide how to apply this discretion (on behalf of HS);
the outcome was quite predictable and unsurprising.

There is no appeal and no evidence process was not followed, so no grounds for reconsideration.

Unclear what you think JR could achieve.

Well the MN1 was refused and the reconsideration was also a refusal. Sad when people don't take advice and then lose out like this. Of course the solicitor probably made his money off an application that was doomed to fail. ILR for children born abroad, though costly, is so necessary to avoid situations like this and now the poor child has no visa and the overstay against their name.