Both myself and my 13 year old daughter (Philippines) now have Non-EEA PR (as extended family members of my EEA Italian niece).
Arrived UK NOV 2009.
Applied PR SEP 2015, refused, appealed, Appeal Hearing AUG 2017, successful,
BRP (PR) issued NOV 2017.
PR Date allowed as 30 SEPTEMBER 2015 due to successful appeal.
Life in the UK passed / English Language Certificate passed.
READY to apply for NATURALISATION for me and REGISTRATION for my daughter.
For me, 'Form AN' I see no issues BUT for my daughter 'Form MN1' I can not see if this will be successful or not and I do not want to waste the £1,012 if this is the case.
Please could anybody advise.
I am married, my husband (Philippines) lives in the Philippines and we are still in a relationship although long distance and this has been the case since my daughter and I came to the UK in 2009.
From what I have read, under CHILD'S PARENTS' CIRCUMSTANCES, to register a child under Section 3(1), the HO should be satisfied that one of the parents (ME) has applied to be naturalised as a British Citizen and:
THE OTHER PARENT IS SETTLED IN THE UK
This is clearly not the case for us as my husband is still living in the Philippines.
Is this 'flexible' or is this 'how it is'?
Annoyingly, if I was a single mother, or separated from my husband it seems that this would not be a problem - but I don't want to lie and say this because we are now planning to apply for him to come and be with us in the UK (now that I am finally earning just over the minimum required salary level).
But I want to apply for Naturalisation for me before Brexit arrives (and would love to register my daughter at the same time).
Should I apply for my daughter via Section 3(1) MN1 form and hope OR WILL THIS APPLICATION definitely fail and therefore be a waste of the £1,012 application fee.
Really hope somebody reading this has knowledge of our situation and tell me straight.
Thank you for reading,