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Re: MN1 section 3(1) application refused

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: MN1 section 3(1) application refused

Post by alladin » Thu Oct 06, 2016 10:51 am

just to update, the above was granted under Section 3(1).
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ouflak1
Senior Member
Posts: 950
Joined: Mon Jul 06, 2009 11:59 am

Re: MN1 section 3(1) application refused

Post by ouflak1 » Thu Oct 06, 2016 11:48 am

You made a wise decision to get her ILR, especially getting the application in before her visa expiry. That's almost certainly what tipped the reconsideration request in her favor. Congrats.

BIG Dobby
inactive
Posts: 148
Joined: Sun Jul 03, 2016 10:36 pm

Re: MN1 section 3(1) application refused

Post by BIG Dobby » Tue Oct 11, 2016 7:49 pm

alladin wrote:just to update, the above was granted under Section 3(1).
Congrats bro. I think nothing tipped it to your favour except that the application was wrongfully refused. Good character kicks in at the age of 10; hence, being overstayer is out of the question as your daughter is 7.

thumbs up for the good news :)

Mine is pending...

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: MN1 section 3(1) application refused

Post by alladin » Thu Nov 10, 2016 2:38 pm

I got a refund of the reconsideration fee for the reconsideration request I made on Feb (the history of my case is described above). Does anyone know if this happens if the reconsideration is successful?
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ouflak1
Senior Member
Posts: 950
Joined: Mon Jul 06, 2009 11:59 am

Re: MN1 section 3(1) application refused

Post by ouflak1 » Thu Nov 10, 2016 4:00 pm

No. You pay and they keep the reconsideration fee iregards of the success. In your case, since you made the correct valid application within the validity of your child's visa, and the ILR was subsequently granted, the reconsideration request became a moot point. No need to even process it, so they just returned the fee. Nice of them really, considering you'd already been refused, they perhaps didn't have to do that. You made a wise and timely move.

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: MN1 section 3(1) application refused

Post by alladin » Thu Nov 10, 2016 4:15 pm

ouflak1 wrote:No. You pay and they keep the reconsideration fee iregards of the success. In your case, since you made the correct valid application within the validity of your child's visa, and the ILR was subsequently granted, the reconsideration request became a moot point. No need to even process it, so they just returned the fee. Nice of them really, considering you'd already been refused, they perhaps didn't have to do that. You made a wise and timely move.
Thanks for responding. The subsequent granting of naturalization (Naturalization certificate was issued under Section 3(1)) within 1 month does seem to suggest that they did consider the Section 3 (1) application again. I did not apply for naturalization after my daughter recieved her ILR.
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ALI97
Member
Posts: 111
Joined: Tue Apr 08, 2014 4:25 pm
Pakistan

Re: MN1 section 3(1) application refused

Post by ALI97 » Thu Nov 10, 2016 5:58 pm

hi alladin
ca you share covering letter which you send for reconsideration of mn1.
did u sent ilr copy to citizenship deptt during reconsideration process.
ALI

alladin
Member
Posts: 156
Joined: Wed Dec 19, 2007 12:14 pm

Re: MN1 section 3(1) application refused

Post by alladin » Fri Nov 11, 2016 9:02 am

Hi Ali,

I didnot use any covering letter as such. I did mention the facts on the prescribed form (NR) and asserted that the decision was not in line with the issued guidance (citing the relevant parts of the guidance).

cheers,
alladin.
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ouflak1
Senior Member
Posts: 950
Joined: Mon Jul 06, 2009 11:59 am

Re: MN1 section 3(1) application refused

Post by ouflak1 » Fri Nov 11, 2016 10:01 pm

alladin wrote:
ouflak1 wrote:No. You pay and they keep the reconsideration fee iregards of the success. In your case, since you made the correct valid application within the validity of your child's visa, and the ILR was subsequently granted, the reconsideration request became a moot point. No need to even process it, so they just returned the fee. Nice of them really, considering you'd already been refused, they perhaps didn't have to do that. You made a wise and timely move.
Thanks for responding. The subsequent granting of naturalization (Naturalization certificate was issued under Section 3(1)) within 1 month does seem to suggest that they did consider the Section 3 (1) application again. I did not apply for naturalization after my daughter recieved her ILR.
I think maybe my wording wasn't clear. So here is the timeline I suspect happened, and is the reason why your reconsideration fee was refunded.
  • 1. You applied for registration under 3(1) for a child born outside of the UK who did not have ILR, but did have an existing visa.
    2. The registration was refused.
    3. You applied for reconsideration.
    4. Before your child's visa expired, you applied for their ILR.
    5. The case worker who got your child's ILR application saw that you had a reconsideration request pending.
    6. They processed the application and subsequently granted your child ILR.
    7. The department that handles registrations was notified of this and they decided there was no need to proceed with your reconsideration request since the child now qualified for registration under 3(1).
    8. Your childs initial registration request was granted.
    9. Your reconsideration fee was refunded and the case was closed.
This is a bit speculative. I don't know what happened. But this is what I suspect basically happened.

BIG Dobby
inactive
Posts: 148
Joined: Sun Jul 03, 2016 10:36 pm

Re: MN1 section 3(1) application refused

Post by BIG Dobby » Sat Nov 26, 2016 11:35 pm

alladin wrote:I got a refund of the reconsideration fee for the reconsideration request I made on Feb (the history of my case is described above). Does anyone know if this happens if the reconsideration is successful?

Yes. I believe you can only get a full refund when your reconsideration request is successful. A child does not necessarily need ILR provided one of parents is a BC. I do not encourage anyone to follow my footsteps, period.

Wise
BANNED
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Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: MN1 section 3(1) application refused

Post by Wise » Fri Jun 30, 2017 11:03 am

BIG Dobby.
Please can you direct me to any law firm or legal person that can take this kind of the case to a success .

Thanks in advance.
It is really good to help and everyone deserve to be respected in life. Good luck.

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