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MN1 application before parents' ILR decision?

Posted: Mon Aug 01, 2022 11:45 am
by mccheb
Hi all,

I (tier 2 general) and my wife (tier 2 dependant) are about to apply for ILR, but we also have a child (born in the UK, also tier 2 dependant) that we want to register as a BC using MN1. I am wondering if we can submit the child's MN1 application *before* the parents' ILR decision (but after parents' ILR application, of course)?

I am asking as all of our visas are going to expire soon (end of Sep), and I would love to avoid making my child an overstayer if possible at all (I know technically it does not matter much for a UK born child, though).
I have seen several threads on this very question, but I would like to seek for some clarification as some answers seem to contradict others. For example, the answers below suggest that we should wait until parents' ILR granted before submitting an MN1 application:

indefinite-leave-to-remain/ilr-applicat ... l#p1750113

british-citizenship/mn1-and-parent-ilr- ... l#p1905067

On the other hand, this answer suggests that it is possible to submit MN1 right after the parents' ILR application (before decision), according to the guidance?

british-citizenship/mn1-concurrent-with ... 18012.html

Many thanks for your help in advance!

Re: MN1 application before parents' ILR decision?

Posted: Mon Aug 01, 2022 12:04 pm
by vinny
How old is the child?

Note that a MN1 application is not an immigration application and may not prevent a child from overstaying. However, overstaying does not affect a child’s entitlement to register.

Re: MN1 application before parents' ILR decision?

Posted: Mon Aug 01, 2022 12:12 pm
by mccheb
Thanks! The child was born in the UK without a visa initially, but we later "legalised" his status with a Tier 2 dependant visa when he was about 1.5 years old. He will be 4 in early September.

Re: MN1 application before parents' ILR decision?

Posted: Mon Aug 01, 2022 12:17 pm
by vinny
Consider getting adequate health insurance cover for UK born child during period of overstay.

Re: MN1 application before parents' ILR decision?

Posted: Mon Aug 01, 2022 3:32 pm
by mccheb
Many thanks, I will definitely do that just in case.
Do we have other examples of MN1 applications *before* both parents' ILR were granted (but after their ILR application)?