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Cancelling Child MN1 Registration

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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heis
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Nigeria

Cancelling Child MN1 Registration

Post by heis » Sun Feb 21, 2021 2:06 pm

Dear Admins,
As you know, the £1,012 cost for child MN1 registration has been deemed unlawful by the Court of Appeal (https://www.freemovement.org.uk/1012-ch ... of-appeal/).
I applied for the MN1 for my two children last week before this ruling came out. This cost me £2,024 + £38.40 biometrics.
As we have no intentions of travelling anywhere in the near future, I am seriously thinking of cancelling the application and waiting until the fees are reduced before reapplying. I understand that I can cancel the citizenship applications and get my full refund because they have not yet done biometrics (https://www.gov.uk/cancel-visa) but I don't know what the implications of doing so will be. The children were born in the UK and I have ILR. They are not currently on any visa restrictions as they have never left the UK since birth and so have not needed to apply for one.
I understand that your response is not a legal advice and I will be fully responsible for my actions but I'm keen to know what you would suggest. I'd really appreciate your response.
Thank you so much.

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CR001
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South Africa

Re: Cancelling Child MN1 Registration

Post by CR001 » Sun Feb 21, 2021 2:21 pm

There is likely to be an appeal by HO and the process won't be resolved or implemented in a short time frame or any time soon. This issue/case has been running for a couple of years now.

If your children do not have a valid visa, they also risk being charged 150% for NHS use.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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mesn
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Re: Cancelling Child MN1 Registration

Post by mesn » Sun Feb 21, 2021 5:31 pm

heis wrote:
Sun Feb 21, 2021 2:06 pm
Dear Admins,
As you know, the £1,012 cost for child MN1 registration has been deemed unlawful by the Court of Appeal (https://www.freemovement.org.uk/1012-ch ... of-appeal/).
I applied for the MN1 for my two children last week before this ruling came out. This cost me £2,024 + £38.40 biometrics.
As we have no intentions of travelling anywhere in the near future, I am seriously thinking of cancelling the application and waiting until the fees are reduced before reapplying. I understand that I can cancel the citizenship applications and get my full refund because they have not yet done biometrics (https://www.gov.uk/cancel-visa) but I don't know what the implications of doing so will be. The children were born in the UK and I have ILR. They are not currently on any visa restrictions as they have never left the UK since birth and so have not needed to apply for one.
I understand that your response is not a legal advice and I will be fully responsible for my actions but I'm keen to know what you would suggest. I'd really appreciate your response.
Thank you so much.
My GP had asked for our baby's visa/IHS proof after 3 months of his birth. NHS is only covered for the first 3 months for non British babies.
T2G 2015, T2 Switch 2018, ILR 2020, BC 2021, British Passport 2022, OCI 2022

secret.simon
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Re: Cancelling Child MN1 Registration

Post by secret.simon » Sun Feb 21, 2021 6:03 pm

Have you submitted the children's biometrics?

Keep in mind that there will almost certainly be an appeal to the UK Supreme Court (the permission for which has already been given, according to the same article that you linked to) and that the judgment (if the UKSC agrees with the Court of Appeal) will kick off a review of the cost of child registration. So you are looking at a wait of a few months (most likely a couple of years) before the new charges come into force.
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.

vinny
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Re: Cancelling Child MN1 Registration

Post by vinny » Sun Feb 21, 2021 8:51 pm

mesn wrote:
Sun Feb 21, 2021 5:31 pm
My GP had asked for our baby's visa/IHS proof after 3 months of his birth. NHS is only covered for the first 3 months for non British babies.
I suspect that an ILR holder parent may challenge this for a non-overstaying UK born child?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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mesn
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Re: Cancelling Child MN1 Registration

Post by mesn » Sun Feb 21, 2021 9:06 pm

vinny wrote:
Sun Feb 21, 2021 8:51 pm
mesn wrote:
Sun Feb 21, 2021 5:31 pm
My GP had asked for our baby's visa/IHS proof after 3 months of his birth. NHS is only covered for the first 3 months for non British babies.
I suspect that an ILR holder parent may challenge this for a non-overstaying UK born child?
Not sure. With an ILR, you are covered of course but, it's not clear about UK born baby.

https://www.nhs.uk/nhs-services/visitin ... -area-eea/
T2G 2015, T2 Switch 2018, ILR 2020, BC 2021, British Passport 2022, OCI 2022

heis
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Joined: Wed Aug 26, 2020 11:07 pm
Nigeria

Re: Cancelling Child MN1 Registration

Post by heis » Sun Feb 21, 2021 9:58 pm

secret.simon wrote:
Sun Feb 21, 2021 6:03 pm
Have you submitted the children's biometrics?

Keep in mind that there will almost certainly be an appeal to the UK Supreme Court (the permission for which has already been given, according to the same article that you linked to) and that the judgment (if the UKSC agrees with the Court of Appeal) will kick off a review of the cost of child registration. So you are looking at a wait of a few months (most likely a couple of years) before the new charges come into force.
Hi secret.simon,
No I have not yet submitted it. It is booked for March 16. I understand that they may appeal but it felt to me like they wouldn't appeal, simply because the home office spokesperson said that they "acknowledge the court’s ruling and will review child registration fees in due course".
I just don't want to miss out on a potential saving of over £1,200 (for both of them) and I am happy to wait for months but not years.
About the NHS thing, I live in Scotland and no GP has asked me to produce anything to prove their residency/visa. They usually only ask for birth cert.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Cancelling Child MN1 Registration

Post by vinny » Mon Feb 22, 2021 10:25 am

mesn wrote:
Sun Feb 21, 2021 5:31 pm
My GP had asked for our baby's visa/IHS proof after 3 months of his birth. NHS is only covered for the first 3 months for non British babies.

See also Free services.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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