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MN1 application, children without valid leave and others

Posted: Wed Jul 26, 2017 10:12 pm
by londonphd
Hello there,

Question 1
I've recently received my ILR and currently preparing my wife and daughter's FLR(M) application. I have two more children (boys) who were born in the UK while I was on PBS visa. They will not be included in the FLR(M) application, I want to make citizenship application for them under section 1(3). The boys' current PBS leave expires on 1 August 2017. Because I am having to send my passport and BRP to the UKVI on my wife's FLR(M) application, the application for British citizenship will have to wait for up to 6 months. That means, the boys will become overstayers after 1 August 2017. I gather from my chat with CR001 that British born children are not overstayers if they intend to register as British citizens under Section 1(3). Since the boys are not included in FLR(M), should I enclose a cover letter in it about our plan to apply for British citizenship?

Question 2
I am thinking of sending boys' MN1 form next week before their leave expires along with the FLR(M). Since my passport and BRP will be sent for FLR(M) consideration, can I include copies of my BRP and passport in the MN1 application? I could also send the original ILR decision letter in the MN1 application. Will the Home Office accept these documents? Or Would you advise to wait till get back my BRP/Passport?

Thanks a ton!

Re: MN1 application, children without valid leave and others

Posted: Thu Jul 27, 2017 8:21 am
by CR001
Apply for the boys using NCS at the council so that you get to keep your original documents for the FLR(M) application.

Write a letter explaining about the boys with the FLR(M).

Re: MN1 application, children without valid leave and others

Posted: Thu Jul 27, 2017 3:46 pm
by londonphd
Many thanks, I registering myself on the council web site and found out that the earliest NCS appointment is available for the 4th September. I need to send the FLR(M) by Tuesday next week. Any suggestion?
Thanks!

Re: MN1 application, children without valid leave and others

Posted: Thu Jul 27, 2017 3:51 pm
by CR001
Try another council NCS. You can apply at any NCS, it does not have to be your council.

Re: MN1 application, children without valid leave and others

Posted: Thu Jul 27, 2017 3:54 pm
by Sir Murphy
You can try other council outside your borough for earliest appointment. Good luck.

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 12:33 pm
by londonphd
Many thanks Guys,

I've tried a number of Greater London borough and none has available appointment by the 1 August 2017 (expiry date of my kids' current leave).
Any suggestions appreciated!

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 12:58 pm
by CR001
Have you tried outside London?

Otherwise apply for wife at premium centre in person.

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 2:01 pm
by londonphd
I wish I could press the backspace button!

No, not yet, may try outside london, but hardly there is any available appointment for next Tuesday the latest.
It is too late for premium service too, her leave expires on the 1st August, next Tuesday.

I want to leave the citizenship registration until I get back my passport and BRP, but I am reading 'horror' stories about what UKVI could do to overstayers, not children though. Just trying to be on the safe side.

Thanks!

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 2:05 pm
by CR001
Children will be fine as they are entitled to registered.

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 3:50 pm
by londonphd
Thanks!

Kids will have to wait for up to 6 months then, and the 'entitlement' is not a guarantee, and hence I am a bit worried.

Do you know of anyone or any case similar to ours and everything went well for them?

Many thanks.

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 4:30 pm
by CR001
Your are mistaken. A child born in the UK is entitled to register, ie cannot be refused.

You are worrying for no reason.

It is section 3(1) applications for children born abroad that are at discretion and not guaranteed

Re: MN1 application, children without valid leave and others

Posted: Fri Jul 28, 2017 5:20 pm
by londonphd
CR001 wrote:Your are mistaken. A child born in the UK is entitled to register, ie cannot be refused.

You are worrying for no reason.

It is section 3(1) applications for children born abroad that are at discretion and not guaranteed
Thanks. I had a chat with a staff from a council in London when I inquired about NCS appointments. I told him my about the situation I am facing now. He told me that it was all at the discretion of the Home Secretary. Not sure if he realised he was giving out wrong information then.