Re: MN1 section 3(1) application refused

just to update, the above was granted under Section 3(1).

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.

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...

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?

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.

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.

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

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.

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.

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.

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.