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MN1 Eligibility for child born outside UK
Posted: Thu Mar 28, 2013 5:59 pm
by srikp
My wife and I have recently got ILR but we didn't apply it for our child thinking we could register her as a British citizen using MN1. But my child is born outside UK and currently on Tier 1 general dependent visa valid until August 2013. She is 1 year old. Is the child still eligible to apply for MN1? If not what are my other options?
Re: MN1 Eligibility for child born outside UK
Posted: Thu Mar 28, 2013 7:19 pm
by Amber
srikp wrote:My wife and I have recently got ILR but we didn't apply it for our child thinking we could register her as a British citizen using MN1. But my child is born outside UK and currently on Tier 1 general dependent visa valid until August 2013. She is 1 year old. Is the child still eligible to apply for MN1? If not what are my other options?
This should be in the citizenship forum. The HO has the discretion to register the child as a BC where they do not fit into another category and are not stateless. They will look at the parents immigration status and as you have ILR and you'll be going for BC and the child is 1 it is likely to succeed.
http://www.ukba.homeoffice.gov.uk/briti ... thercases/
Posted: Thu Mar 28, 2013 11:27 pm
by vinny
Posted: Fri Mar 29, 2013 7:48 am
by srikp
Many thanks for your help.
I admit it's been a bit of an oversight not to include our daughter in our ILR.
If I have to change her status to ILR instead of citizenship, should I complete form Set (F)? I am assuming the fees would be applicable under the following category: "ILR Standard - all dependants".
Posted: Fri Mar 29, 2013 8:11 am
by vinny
If you have gotten ILR as a Relevant Points Based System Migrant, then I believe child may apply for
SET(O) under
319J. Or, use
SET(F) under
299.
Posted: Sun Mar 31, 2013 11:02 am
by vinny
srikp wrote:Do NCS accept applications where a child's citizenship registration decision is based on discretion?
If not, then can I apply directly or do I have to go through an OISC representative?
Summary of issue:
Parents on ILR and child is born outside UK and currently on Tier 1 general dependent inside UK.
http://www.immigrationboards.com/viewto ... 105#814105
Posted: Sun Mar 31, 2013 11:11 am
by Amber
vinny wrote:srikp wrote:Do NCS accept applications where a child's citizenship registration decision is based on discretion?
If not, then can I apply directly or do I have to go through an OISC representative?
Summary of issue:
Parents on ILR and child is born outside UK and currently on Tier 1 general dependent inside UK.
http://www.immigrationboards.com/viewto ... 105#814105
Yes they should, however, find your participating local authority
http://www.ukba.homeoffice.gov.uk/briti ... s_england/ contact them and ask them.
Posted: Sun Mar 31, 2013 3:02 pm
by srikp
Thanks very much. I'll give them a call and see how it goes.
Posted: Tue Apr 02, 2013 9:33 am
by Galaxycpw
srikp wrote:Thanks very much. I'll give them a call and see how it goes.
Hi,
What happened to your child's MN! application? Curious to know as I am in the similar situation.
To summarize:
Father-British
Mother-ILR
Son-on ILR dependent valid till 2015
Please respond as it is very valuable to me
Thanks
Posted: Tue Apr 02, 2013 9:37 am
by srikp
Didn't have a chance to book an appointment yet. Hopefully sometime next week...will update the thread as soon as there's progress.
Posted: Mon Oct 21, 2013 3:45 pm
by srikp
Unfortunately, we received a refusal letter for our child's application today.
Is an appeal possible? Are there any other options other than applying for ILR for my child? She does not have a valid visa now, so any suggestions would be much appreciated.
Refusal text as follows:
=========
The registration of minors under this provision is at the Secretary of State's discretion. Normally, minors will be registered if, as appears in this case, neither parent is a British citizen and the minor does not appear to be settled in the UK as defined in immigration laws.
The application has nevertheless been carefully considered to see whether there was sufficient grounds for treating exceptionally. However, sufficient grounds could not be found to exercise discretion in this case. The application has therefore been refused.
========
Posted: Mon Oct 21, 2013 3:58 pm
by Amber
You cannot appeal but you can ask for a reconsideration. It's based on discretion so. Generally, one parent will have to be a BC or at least going at the same time (which is what I originally thought you were doing). It's always worth asking for a reconsideration but you need to mount a case to show strong connections to the UK. I.e. at least one parent applying for citizenship at the same time or is British (and other parent having ILR) and child having ILR (though this is less necessary where the parent(s) are British and the child is young. However, I do not believe there is any time limit to a reconsideration request so you may be able to ask for a reconsideration when you apply for BC in March, in the mean time, get your child ILR. If you had gotten ILR for your child as per Vinny's post above and explained you were going to apply for BC as soon as eligible it might have worked, but I (wrongly) thought you were applying at the same time which would have likely proved successful.
What did the NCS say when you applied?
Posted: Wed Oct 23, 2013 2:45 pm
by srikp
Many thanks for the information.
Just to clarify, if I apply for my child's ILR from PEO (nearest date is end of next month), I hope there would be no issue with my child not having a valid visa when applying? I hope it doesn't count towards overstaying.
I am concerned because the SET F guidance notes says:
5 WHEN TO APPLY
You should apply before the end of your permitted stay
in the UK
Posted: Wed Oct 23, 2013 3:35 pm
by Amber
Settling under
299requires the provisions of
298to be met including
298(vi):
(vi) does not have fall for refusal under the general grounds for refusal.
Given the age of the applicant I can't envisage any issue given that
298(ii) should be satisfied as the applicant
has had limited leave to enter. Though, it may be more cautious to apply by post.
Posted: Wed Oct 23, 2013 3:43 pm
by srikp
Thanks again.
Although I have already taken a PEO appointment, do you have any thoughts if it is risky to apply in-person because potentially it may require review/further analysis? Having spent a fortune, I just want to make sure that they don't say that I will have to do a postal as it is not straightforward application.
Thanks
Posted: Wed Oct 30, 2013 10:37 am
by chandu2004
Thanks Sri for the input we are in the same boat. Me and my wife both have ILR since 4 months and even my daughter is on ILR same like us since 4 months. My other 2 kids have British Passports as they were born in UK. My daughter 7 year old was born in NZ and she is in UK with us since 5 1/2 years and as I said she is on ILR too. What I want to know is can I apply for British Registration for my daughter with MN1 under section 3(1) right now as we are planning to send my kid back to India
Re: Thanks
Posted: Wed Oct 30, 2013 12:42 pm
by Jambo
chandu2004 wrote:Thanks Sri for the input we are in the same boat. Me and my wife both have ILR since 4 months and even my daughter is on ILR same like us since 4 months. My other 2 kids have British Passports as they were born in UK. My daughter 7 year old was born in NZ and she is in UK with us since 5 1/2 years and as I said she is on ILR too. What I want to know is can I apply for British Registration for my daughter with MN1 under section 3(1) right now as we are planning to send my kid back to India
For born abroad child applying under 3(1), child can only apply once a parent applies for BC.
Posted: Wed Oct 30, 2013 11:36 pm
by Ayyubi72
Child just over 1 year old, born outside UK and none of the parents a British citizen yet and not applying with child = guaranteed MN1 refusal.
It was an impatient, and rushed decision.
What is such an urgency that there is a need to apply for child's ILR at PEO ?
Postal application will be better, and then when parent/s apply for naturalisation then child applies together.
Cheaper, easier, headache free and guaranteed results.
Re:
Posted: Mon Feb 01, 2016 3:26 pm
by happycamper19
Amber wrote:You cannot appeal but you can ask for a reconsideration. It's based on discretion so. Generally, one parent will have to be a BC or at least going at the same time (which is what I originally thought you were doing). It's always worth asking for a reconsideration but you need to mount a case to show strong connections to the UK. I.e. at least one parent applying for citizenship at the same time or is British (and other parent having ILR) and child having ILR (though this is less necessary where the parent(s) are British and the child is young. However, I do not believe there is any time limit to a reconsideration request so you may be able to ask for a reconsideration when you apply for BC in March, in the mean time, get your child ILR. If you had gotten ILR for your child as per Vinny's post above and explained you were going to apply for BC as soon as eligible it might have worked, but I (wrongly) thought you were applying at the same time which would have likely proved successful.
What did the NCS say when you applied?
Amber, sorry for taking you back in time to 2013. So, if at the time of OP's application for his child's registration as citizen, he himself were already a naturalised citizen, you are saying that the child's application would be successful? Am I reading this correctly?
Re: MN1 Eligibility for child born outside UK
Posted: Mon Feb 01, 2016 3:33 pm
by Casa
You may have a long wait as Amber is rarely on the forum.
Re: MN1 Eligibility for child born outside UK
Posted: Thu Dec 01, 2016 10:40 am
by agba_akin
Is my daughter eligible for BC registration.She was born in nigeria in 2008 and lives with me and her mother in nigeria.She has never been to the UK in her life. As a father i acquired my BC in 2011 through naturalization after her birth and presently am thinking of bringing her to uk.Is possible to do the BC registration for her and under what sections.your advice will be appreciated.thx
Re: MN1 Eligibility for child born outside UK
Posted: Thu Dec 01, 2016 10:47 am
by CR001
agba_akin wrote:Is my daughter eligible for BC registration.She was born in nigeria in 2008 and lives with me and her mother in nigeria.She has never been to the UK in her life. As a father i acquired my BC in 2011 through naturalization after her birth and presently am thinking of bringing her to uk.Is possible to do the BC registration for her and under what sections.your advice will be appreciated.thx
Please continue in your existing topic rather than digging up an old thread that is more than 3 years old. She doesn't qualify for BC. She has to follow the same route as her mother.
Re: MN1 Eligibility for child born outside UK
Posted: Thu Dec 01, 2016 10:47 am
by CR001
agba_akin wrote:Is my daughter eligible for BC registration.She was born in nigeria in 2008 and lives with me and her mother in nigeria.She has never been to the UK in her life. As a father i acquired my BC in 2011 through naturalization after her birth and presently am thinking of bringing her to uk.Is possible to do the BC registration for her and under what sections.your advice will be appreciated.thx
Please continue in your existing topic rather than digging up an old thread that is more than 3 years old. She doesn't qualify for BC. She has to follow the same route as her mother, 5 year settlement visa, then ILR and then citizenship.