MN1 children refused, please help

HI,

Please help me

I applied nationality my self and 3 children in Oct 14
By nationality check service,

But today letter received myself been approved
but 3 children (born outside uk) MN1 form refused
reason they put both parent not settled
(my wife don't have ilr)

Now kindly help me can I appeal? ??

There is no appeal process for citizenship. You can ask for reconsideration (£80 fee).

Why did you think the children will receive citizenship? The HO normally expect both parents to hold ILR (and one to apply for citizenship) when born abroad children apply. There has been a case recently that challenged that. Try to use that in your reconsideration letter.

[q


Thanks lot. ....any reference of case? ??

And

Children 3 yeas completing very soon in this country

They got ilr from Oct 13

Please reply





uote="Jambo"]There is no appeal process for citizenship. You can ask for reconsideration (£80 fee).

Why did you think the children will receive citizenship? The HO normally expect both parents to hold ILR (and one to apply for citizenship) when born abroad children apply. There has been a case recently that challenged that. Try to use that in your reconsideration letter.[/quote]

I think its written in the guide, for children born abroad they expect one parent to be british or applying for naturalization and other parent either same or holding ILR

were your children holding ILR before you made these applications ?

children came in uk june2012

got ilr with myself oct13

applied with me(Tier 1-ilr+1year) oct14

refused couple a days ago

my wife donot have ilr just pbs dependent as unlucky her ilr refused due to English exemption fail,,,

now please tell me

if i for for reconsideration ,one parent myself got nationality application successful ,received along with children refusal

children 3 year completing in this country in jun15

what can you suggest ,,please help it is big fee loss

iamnew wrote:I think its written in the guide, for children born abroad they expect one parent to be british or applying for naturalization and other parent either same or holding ILR

were your children holding ILR before you made these applications ?

Its distressing to see money for 3 applications seems to have lost. HO should have considered this and if children already hold ILR, they are setteled. The rules are getting more and more strict I suppose. The age of children also may have effect on the outcome, how old are your children ?

Reconsideration is one option as suggested previously and if you dont mind spending £80, but its upto HO

The HO personnel have certainly been under pressure now to be strict and apply discretion carefully.

In 2012 my friend applied with similar situation, work-permit holder then ILR, kid on ILR, wife on wp-dependant visa. He and his kid got Nationality without questions. But it was still on discretion, not anymore it seems. Really sorry to hear that, and good luck next time.

fwd079 wrote:The HO personnel have certainly been under pressure now to be strict and apply discretion carefully.

In 2012 my friend applied with similar situation, work-permit holder then ILR, kid on ILR, wife on wp-dependant visa. He and his kid got Nationality without questions. But it was still on discretion, not anymore it seems. Really sorry to hear that, and good luck next time.

With general elections coming soon and the immigration topic being hot one, I think you may be right there would be pressure on the HO.

Can you advise which section you used?

Reconsideration will costs £80, don't know if its per person or not. However taking a chance may not be that downside as compared to some of the applicants shelling money on lawyers without sense.

Else swallow the bitter pill and wait till your wife receives ILR and then apply for children's registration.

I appreciate your kind reply. ...children are 12...10...and. .9...

Also do you know anything about section 3/2


------


te="iamnew"]Its distressing to see money for 3 applications seems to have lost. HO should have considered this and if children already hold ILR, they are setteled. The rules are getting more and more strict I suppose. The age of children also may have effect on the outcome, how old are your children ?

Reconsideration is one option as suggested previously and if you dont mind spending £80, but its upto HO[/quote]

mn1 refused children date birth are 2002..04..05.
so 13...10...9years


Please help me and I request seniors don't mind my
this innocent question. .

Is this not nationality check service mistake. ..why they
not asked me for wife status,


And once children complete 3 years (jun15) in this country. ..
do qualify???

Fee gone or can I ask refund as all applications including
mine were together.












ote="iamnew"]I think its written in the guide, for children born abroad they expect one parent to be british or applying for naturalization and other parent either same or holding ILR

were your children holding ILR before you made these applications ?[/quote]

I been asked ages of children which I writted earlier but
No one reply ing.....please don't mind as refused people
are like patient in a& e

Also some one asked ....children ilr ..when. ...children have
Ilr one year before naturalisation application but still
refused. ..

also can any one help me. ...I applied by nationality check service. ...is this not their mistake? ...honestly I don't know
that my wife should also have ilr. But ncs have not
asked me wife ilr

Reality is when I phoned ncs to get appointment. ..
For just myself, that staff told me children can apply
with me,

And in chapter 9.17.9. ...It is also mentioned if other
patner don't have ilr then discretionary leave etc...what's
that meaning?

Senior management team of this forum doing very
favorable free effective advice...I thank s to all








quote="jojybaba"]mn1 refused children date birth are 2002..04..05.
so 13...10...9years


Please help me and I request seniors don't mind my
this innocent question. .

Is this not nationality check service mistake. ..why they
not asked me for wife status,


And once children complete 3 years (jun15) in this country. ..
do qualify???

Fee gone or can I ask refund as all applications including
mine were together.












ote="iamnew"]I think its written in the guide, for children born abroad they expect one parent to be british or applying for naturalization and other parent either same or holding ILR

were your children holding ILR before you made these applications ?[/quote][/quote]

Hi jojybaba
i am no expert but just learning from this forum. I think your case is very unfortunate. Sometimes case worker use discretion if children are very young. In case of your children i am not sure if major part of their life spent in uk. Also ncs may not have given you correct advice. If the guidance says one partner should be British and other holding or applying for ILR, this should have been checked I think. I don't think HO will return fees, but you can ask ncs to return the fees they charged

iamnew wrote:Hi jojybaba
i am no expert but just learning from this forum. I think your case is very unfortunate. Sometimes case worker use discretion if children are very young. In case of your children i am not sure if major part of their life spent in uk. Also ncs may not have given you correct advice. If the guidance says one partner should be British and other holding or applying for ILR, this should have been checked I think. I don't think HO will return fees, but you can ask ncs to return the fees they charged

NCS does not service ANY advice, they just handle the application.

Now if you can show in black and white to HO that NCS failed to accept the application, which was admittedly your error; then I can see a point to complain to HO for refund of the fees for the applications which were not eligible.

I want to request humbly to senior members,

Please help for following rules paragraph

chapter 9.17.9

................last part of rule. .....regarding ......second parent. ..

whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (eg s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom. ???????????????


Is this goes in my favour as my wife has pbs dependent
visa ...One extended as well no till Oct 2016..

If so....how can I go ahead for review?

Thanks

Review as I said might help you but its highly unlikely. When one parent isn't settled then case is upon discretion of Case Worker, you can ask for review and request Case Worker to show their polite side, but it is still a discretion. Best bit is to go for Wife's ILR and then apply. As I said it was the case back in 2010-11 when my friend applied, but I guess its no more a thing they take lightly. Perhaps will remove this discretion in future law changes.

Before I applied for myself, I had this "feeling" that my friend's luck might just not be my luck, so even though my wife's visa was valid till Sept 2016, I went for PEO / same day appointment and had herself on ILR. Then I applied for myself and my daughter (we both were on ILR as well) and got approval within 30 days.

Hi,

Please advise what is procedure of review?

is there any sample letter I can check from this forum regarding review

Regards

fwd079 wrote:Review as I said might help you but its highly unlikely. When one parent isn't settled then case is upon discretion of Case Worker, you can ask for review and request Case Worker to show their polite side, but it is still a discretion. Best bit is to go for Wife's ILR and then apply. As I said it was the case back in 2010-11 when my friend applied, but I guess its no more a thing they take lightly. Perhaps will remove this discretion in future law changes.

Before I applied for myself, I had this "feeling" that my friend's luck might just not be my luck, so even though my wife's visa was valid till Sept 2016, I went for PEO / same day appointment and had herself on ILR. Then I applied for myself and my daughter (we both were on ILR as well) and got approval within 30 days.

Hi,

MN1 refused as one parent has not have ilr,so application sent with £80 fee on 22april and fee taken on 13 may15.

Big mistake which i make,i like to share no one else do,even nationality check service has not told me it is mandatory requirement to have both parent settled.

but it is far better to get your British passport first then,apply children then one parent status is required.so applying nationality with children is tricky,both should be settled and if apply after your then far easy

i appologiz with seniors if same topic already in board,i just tried to share my experience so that some one else not been ruined for children fee

Yes sadly its strict now for both parents to have ILR and one parent must be applying for Naturalisation if kids are born abroad. Otherwise its by discretion of Caseworker, which seemingly isn't exercised anymore.

Few years ago, my friend who went through Work Permit, had his wife on dependant visa and he applied for his naturalisation and MN1 at discretion for his kid born abroad, both got approved. He advised me to do the same but I thought its discretion so why risk it? So I had my wife on ILR first then applied for AN and MN1. We both got approved and it seems not taking the risk played in my favour. Really feel sorry for you.

I applied JR review for mn1 3 applications about 6 months ago,do any body know ,how long they take and
mn1 team is same like normal ukba(Tier 1 case worker) or different?

fwd079 wrote:Yes sadly its strict now for both parents to have ILR and one parent must be applying for Naturalisation if kids are born abroad. Otherwise its by discretion of Caseworker, which seemingly isn't exercised anymore.

Few years ago, my friend who went through Work Permit, had his wife on dependant visa and he applied for his naturalisation and MN1 at discretion for his kid born abroad, both got approved. He advised me to do the same but I thought its discretion so why risk it? So I had my wife on ILR first then applied for AN and MN1. We both got approved and it seems not taking the risk played in my favour. Really feel sorry for you.

It is different processing timelines to what Tier 1 is for example.

You will just have wait.

COULD YOU PLEASE SOME ONE TELL ME,HOW LONG RE-COSIDERATION ,REVIEW APPLIACATIONS TAKE?

I APPLIED ON 21APR15 FOR CHILDREN MN1 REVIEW BUT NOT HEARD ANYTHING.

I PHONED HOME OFFICE BUT THEY GAVE JUST GENERAL REPLY THAT IT TAKE LONG BUT I WANT FORUM ADVICE OR ANY ONES PERSONAL EXPERIENCE ,HOW LONG THIS WILL TAKE,ALREADY 6 MONTHS PASSED

THANKS

CR001 wrote:It is different processing timelines to what Tier 1 is for example.

You will just have wait.

This.

You may as well be asking how long forum members sit waiting in traffic, it completely depends on the individual and their circumstances.

If one parent has ILR on long residence and others visa is still under appeal or in process

And childis born in the UK and age is 3 years


Can they apply for registration mn1 ???

Under which category ??


Please guide

t123456789 wrote:

CR001 wrote:It is different processing timelines to what Tier 1 is for example.

You will just have wait.

This.

You may as well be asking how long forum members sit waiting in traffic, it completely depends on the individual and their circumstances.

smir wrote:If one parent has ILR on long residence and others visa is still under appeal or in process

And childis born in the UK and age is 3 years


Can they apply for registration mn1 ???

Under which category ??


Please guide

t123456789 wrote:

CR001 wrote:It is different processing timelines to what Tier 1 is for example.

You will just have wait.

This.

You may as well be asking how long forum members sit waiting in traffic, it completely depends on the individual and their circumstances.

Your circumstances have absolutely no relevance to the OPs question and problem in this thread. Please start your own thread as the rules are different for children born in the UK and your post will create confusion.

Can you please advise me what should I do, 7 months ago
I made j review for mn1. But not heared any thing, do mp
Can help?

I phoned ukba, general reply; no time limits for review application.

Kindly help me for this

Thank




quote="CR001"]It is different processing timelines to what Tier 1 is for example.

You will just have wait.[/quote]