MN1 discretion
Posted: Thu Feb 22, 2018 8:14 pm
Hi.
A lady with ILR refugee status wishes to apply for BC for herself and also for her three children. Two were born here before she or the father got ILR, I understand they should qualify under section 1 (3).
She has an elder son who arrived in 2016 under refugee family reunion. I understand that his application would have to be under section 3 (1) discretion as he has not completed 3 years here. The guidance notes say that in such cases as the child is over 13, there should be two years residence, but less may be considered if there are other considerations, such as that he would then be the only family member without BC.
Anyone have any idea if discretion would be likely to be applied, or is it better not to risk losing the fee, and just apply further down the line?
Many thanks.
A lady with ILR refugee status wishes to apply for BC for herself and also for her three children. Two were born here before she or the father got ILR, I understand they should qualify under section 1 (3).
She has an elder son who arrived in 2016 under refugee family reunion. I understand that his application would have to be under section 3 (1) discretion as he has not completed 3 years here. The guidance notes say that in such cases as the child is over 13, there should be two years residence, but less may be considered if there are other considerations, such as that he would then be the only family member without BC.
Anyone have any idea if discretion would be likely to be applied, or is it better not to risk losing the fee, and just apply further down the line?
Many thanks.