Experts,
This is seek clarification on rules for application for registration of a child born in UK, under section 1(3) using form MN1.
Question 1:
The guidance on Page 11 at https://www.gov.uk/government/publicati ... y-guidance states
Parent applying for indefinite leave to remain or confirmation of permanent residence
It is possible that a parent may apply for indefinite leave to remain (ILR) or confirmation of permanent residence (PR) either at the same time as applying for the registration of a child or before an application has been decided. In these circumstances, the parent's application for ILR or PR must be determined first as the outcome could affect the child’s registration application. A senior caseworker should be consulted for advice in this situation.
As such, I assume that given the guidance above, an MN1 application won’t be rejected until a decision on the parents ILR has been made.
However, since on the date of MN1 application the parents do not have an ILR, it is unclear how should the MN1 proceed.
- Can a valid MN1 application be filed, after an ILR application has been made by the parents, but before the ILR decision has been made? If yes, what settlement date should be entered on the online MN1 form?
Question 2:
This is circumstance where the parents have applied for the ILR due to Long residence, but the child cannot as she is less than 10 years old.
If the ILR application decision for the parents is delayed beyond the current permission to stay of the child as dependent, the child will technically be overstaying. In such a circumstance, is there discretion to disregard the delay in applying for MN1 and an overstay, while the parents ILR is decided?
Alternatively, as in question 1, can the MN1 application be filed with the parent application still pending?
Thank you for your guidance.
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