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Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 2:06 pm
by heis
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.

Re: Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 2:21 pm
by CR001
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.

Re: Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 5:31 pm
by mesn
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.

Re: Cancelling Child MN1 Registration

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

Re: Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 8:51 pm
by vinny
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?

Re: Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 9:06 pm
by mesn
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/

Re: Cancelling Child MN1 Registration

Posted: Sun Feb 21, 2021 9:58 pm
by heis
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.

Re: Cancelling Child MN1 Registration

Posted: Mon Feb 22, 2021 10:25 am
by vinny
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.