Is it safe to apply for MN1 (Section 1(3)) for a UK-born child without renewing their BNO Dependent visa?

catcatprince wrote: ↑

Tue Jan 06, 2026 7:24 pm

Does being an "overstayer" impact a Section 1(3) registration for a UK-born child?

catcatprince wrote: ↑

Tue Jan 06, 2026 7:24 pm

Background: I arrived in the UK on a BNO visa in 2021. My child was born in the UK during our stay (not a British citizen at birth as we didn't have ILR then).

Current Visa Status: Both my child’s dependent visa and my BNO visa are expiring in May 2026.

The Plan: I intend to apply for Indefinite Leave to Remain (ILR) in April 2026 using the Super Priority Service to ensure I get a decision within 24 hours. Once my ILR is granted, I plan to immediately apply for my child's citizenship registration via Form MN1 (under Section 1(3) of the British Nationality Act 1981).

The Dilemma: Since the MN1 processing time can take up to 6 months, my child's current BNO dependent visa will likely expire in May while the MN1 application is still pending.

Specific Questions:

Safety of Status: Is it legally safe to let my child's dependent visa expire while the MN1 is pending? I understand Section 3C leave does not apply to nationality applications. Does being an "overstayer" impact a Section 1(3) registration for a UK-born child? your children will technically become overstayers but a valid visa is not required for applications made under Section 1(3)

Continuous Residence: Will this "gap" in legal immigration status affect the child's future rights or any potential issues with the Home Office, given that Section 1(3) is an entitlement? no

Absence of ILR for Child: Since I am not applying for ILR for my child (to save costs and go straight to citizenship), is there any risk in them not holding a valid visa during the processing period, provided they do not leave the UK? You will need to secure private health insurance for them in case they need the NHS.

Practical Advice: Given the tight timeline (April application for May expiry), would you recommend this path, or is it essential to extend the child's BNO visa/apply for their ILR first to maintain status? You most likely won't get a response by the time the visa expires but as I explained above it should not be a problem.

thanks for your kindly reply in advance

contorted_svy wrote: ↑

Tue Jan 06, 2026 7:38 pm

catcatprince wrote: ↑

Tue Jan 06, 2026 7:24 pm

Background: I arrived in the UK on a BNO visa in 2021. My child was born in the UK during our stay (not a British citizen at birth as we didn't have ILR then).

Current Visa Status: Both my child’s dependent visa and my BNO visa are expiring in May 2026.

The Plan: I intend to apply for Indefinite Leave to Remain (ILR) in April 2026 using the Super Priority Service to ensure I get a decision within 24 hours. Once my ILR is granted, I plan to immediately apply for my child's citizenship registration via Form MN1 (under Section 1(3) of the British Nationality Act 1981).

The Dilemma: Since the MN1 processing time can take up to 6 months, my child's current BNO dependent visa will likely expire in May while the MN1 application is still pending.

Specific Questions:

Safety of Status: Is it legally safe to let my child's dependent visa expire while the MN1 is pending? I understand Section 3C leave does not apply to nationality applications. Does being an "overstayer" impact a Section 1(3) registration for a UK-born child? your children will technically become overstayers but a valid visa is not required for applications made under Section 1(3)

Continuous Residence: Will this "gap" in legal immigration status affect the child's future rights or any potential issues with the Home Office, given that Section 1(3) is an entitlement? no

Absence of ILR for Child: Since I am not applying for ILR for my child (to save costs and go straight to citizenship), is there any risk in them not holding a valid visa during the processing period, provided they do not leave the UK? You will need to secure private health insurance for them in case they need the NHS.

Practical Advice: Given the tight timeline (April application for May expiry), would you recommend this path, or is it essential to extend the child's BNO visa/apply for their ILR first to maintain status? You most likely won't get a response by the time the visa expires but as I explained above it should not be a problem.

thanks for your kindly reply in advance

What is the immigration status of the other parent?

contorted_svy wrote: ↑

Tue Jan 06, 2026 7:49 pm

You can apply as I outlined above, just secure private health insurance for the interim period when your child is not yet British.