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Child legal status while naturalization(Mn1) in progress

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

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Ven33
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Joined: Mon Dec 29, 2025 1:09 pm
United Kingdom

Child legal status while naturalization(Mn1) in progress

Post by Ven33 » Mon Dec 29, 2025 1:14 pm

Hi All,
I am planning to apply for (ILR) for myself and my spouse in February. Our child, born in the UK, currently holds a dependent visa valid until May. Upon receiving ILR, if we submit an MN1 form for naturalization and the process extends beyond two months, will our child's legal status be affected given their visa expires at the end of May? Your guidance on this matter would be greatly appreciated.

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contorted_svy
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Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: Child legal status while naturalization(Mn1) in progress

Post by contorted_svy » Mon Dec 29, 2025 1:58 pm

Children born in the UK can't become overstayer. Of course your child won't be able to travel without a visa so make sure you plan accordingly. It is recommended to secure private medical insurance while you wait to receive approval for the MN1 application.
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Child legal status while naturalization(Mn1) in progress

Post by secret.simon » Mon Dec 29, 2025 3:11 pm

contorted_svy wrote:
Mon Dec 29, 2025 1:58 pm
Children born in the UK can't become overstayer.
That's not quite correct. Children born in the UK can become overstayers if the they were issued a visa/Limited Leave to Remain in the UK and that leave expires.

Form MN1 is not an immigration application and does not extend leave automatically

However, children born in the UK have an entitlement to register as British citizens if either parent acquires ILR. So even if they are overstayers, they will be registered as British citizens.

But, for the period between the end of their limited leave to remain and the date of their registration certificate being issued, they can be overstayers.
contorted_svy wrote:
Mon Dec 29, 2025 1:58 pm
Of course your child won't be able to travel without a visa so make sure you plan accordingly. It is recommended to secure private medical insurance while you wait to receive approval for the MN1 application.
This is accurate. Indeed the advice to have private health insurance is precisely because they are not covered by free NHS coverage because they may become overstayers for the period between the end of their limited leave to remain and the date of issue of their registration certificate.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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