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Hi,
We looking to process our daughters (3year old) MN1 application as via section 1(3) she becomes eligible for naturalisation since we received our (parents) ILR decision this week. The issue is daughters visa expires 11th January 2022 so if we now submit her MN1 application early December and if the MN1 decision doesn't come before 11th Jan 2022 - she then become overstayer and thus becomes ineligible for British citizenship or she can stay as overstayer pending MN1 decision?
Or you recommend we should submit her ILR application instead given the timelines of her current visa expiry?

A UK born child has an entitlement to register as British regardless if visa status, they do not need a valid visa or ILR for MN1.

NHS charges is the one you need to worry about one her visa expires.

CR001 wrote: ↑

Wed Dec 01, 2021 4:35 pm

A UK born child has an entitlement to register as British regardless if visa status, they do not need a valid visa or ILR for MN1.

NHS charges is the one you need to worry about one her visa expires.

Sorry you mean do I need to pay NHS charges post her current visa expiry if MN1 decision is still pending? How can I do that? Also reconfirming so you are saying we can proceed with MN1 application now and can await decision even if her visa expires and she becomes overstayer but it won't impact the MN1 decision? Yes she is born in UK 2017 November.

Yes you can proceed and wait.

She is not entitled to free NHS service an you risk being charged at 150% of cost of you don't have medial insurance.

This is NOT the same as the IHS fees you pay with a visa.

Access to bill free NHS ends when the visa ends, even if in the middle of treatment. You can't buy the IHS without a visa.
https://assets.publishing.service.gov.u ... ations.pdf

Hi, I am going through MN1 guidance and "Registration as British citizen:
children" guidance and found below in Registration as British Citizen that


https://assets.publishing.service.gov.u ... 7.0ext.pdf
"
Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to
permanent residence and citizenship. This means that the child will first achieve one
of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not
been granted ILR or permanent residence where there are strong compelling
compassionate circumstances to do so, taking into account any representations put
forward as to why it is important for the child to become a British citizen now.
Being free from immigration restrictions will be less important where one or both
parents are British citizens who have come to the UK to live permanently and:
• the child satisfies the other expectations for registration
• the parents meet the expectations with regard to their circumstances
If the child is subject to immigration restrictions but otherwise meets the other
expectations for registration, you must refer the application to a senior caseworker to
make a decision on whether the circumstances outweigh the expectation that the
child be free of restrictions.
"

Now we did register our daughter with Tier 2 dependant visa so does that means now she is under immigration restrictions and if we MN1 decision goes beyond her visa expiry she becomes over stayer and wont qualify for citizenship? Above is confusing as I do see in MN1 guidance that it does say if she is born she is entitled for citizenship once with parents become settled. Sorry but do we have any other use cases here who had similar situation and still got MN1 approved for their child beyond current visa expiry?

Children born in UK doesn't count under Immigration restriction. They don't need visa until or unless the child need to travel out of the UK.

If the child visa runs out, it wont effect on his eligibility to become British.

If one of parent has ILR / Citizenship you can apply under MN1

If child visa running out so I would suggest leave it and wait for MN1 application decision. Don't waste the money until or unless the child need to travel out of the UK but what I know if his application of MN1 under process I don't think you can take him out.

One more thing if child born overseas so you should get first child ILR before to apply MN1.

JB007 wrote: ↑

Thu Dec 02, 2021 9:11 am

Access to bill free NHS ends when the visa ends, even if in the middle of treatment. You can't buy the IHS without a visa.
https://assets.publishing.service.gov.u ... ations.pdf

Alternative, if there is no pre-existing conditions?

hina_pirzada wrote: ↑

Thu Dec 02, 2021 1:21 pm

Children born in UK doesn't count under Immigration restriction. They don't need visa until or unless the child need to travel out of the UK.

If the child visa runs out, it wont effect on his eligibility to become British.

If one of parent has ILR / Citizenship you can apply under MN1

If child visa running out so I would suggest leave it and wait for MN1 application decision. Don't waste the money until or unless the child need to travel out of the UK but what I know if his application of MN1 under process I don't think you can take him out.

One more thing if child born overseas so you should get first child ILR before to apply MN1.

thank you for your response, appreciate it. Yes she is born in UK -2018 November. I will crack on submitting the MN1 application now

vinny wrote: ↑

Thu Dec 02, 2021 1:30 pm

JB007 wrote: ↑

Thu Dec 02, 2021 9:11 am

Access to bill free NHS ends when the visa ends, even if in the middle of treatment. You can't buy the IHS without a visa.
https://assets.publishing.service.gov.u ... ations.pdf

Alternative, if there is no pre-existing conditions?

No she doesn't have any pre existing conditions but understand the risk here. Will find mitigation/insurance options....

HI, in the application form there is a section called "Biometric residence permit details" after referee section.
Do I need to provide biometric ILR details of father/mother or biometric BRP details of applicant i.e. my daughter? which in her case is her Tier 2 dependent visa? Please suggest

santosh2102 wrote: ↑

Wed Dec 08, 2021 9:27 pm

HI, in the application form there is a section called "Biometric residence permit details" after referee section.
Do I need to provide biometric ILR details of father/mother or biometric BRP details of applicant i.e. my daughter? which in her case is her Tier 2 dependent visa? Please suggest

The applicant, ie your daughter!

CR001 wrote: ↑

Wed Dec 08, 2021 10:13 pm

santosh2102 wrote: ↑

Wed Dec 08, 2021 9:27 pm

HI, in the application form there is a section called "Biometric residence permit details" after referee section.
Do I need to provide biometric ILR details of father/mother or biometric BRP details of applicant i.e. my daughter? which in her case is her Tier 2 dependent visa? Please suggest

The applicant, ie your daughter!

thanks. On the MN1 and AN referee declaration form- do we need to attach photo of applicant in it or referee's?

Applicant photo

thanks for all the advisory, we received out little one's citizenship certificate this week.Cheers.