Immigrationboards.com

Hello everyone,

I wanted to share my situation and ask for advice from those with experience.

1. My child (aged 12) was born outside the UK (in India).
2. The father is a British citizen (by naturalisation).
3. The mother was recently granted Indefinite Leave to Remain (ILR).
4. The child has lived continuously in the UK since December 2018 (over 6 years), attends school here, and is fully integrated into the community (schooling, cricket, youth clubs, etc.).[/list]

We have already applied for registration as a British citizen under MN1 Section 3(1) of the British Nationality Act 1981, which is at the Home Secretary’s discretion.

We have taken this route because there are circumstances (not disclosed here for confidentiality reasons) that we believe clearly meet the criteria for a discretionary grant of citizenship.

However, as the child’s current visa will expire before a decision on the MN1 is likely, we are considering whether to apply for ILR in parallel, to avoid any risk of a gap in lawful status. I also understand that an MN1 application does not extend leave in the way that Section 3C of the Immigration Act 1971 does for immigration applications, so if the MN1 were refused the child would be left without valid leave.

My questions are:

1. If we apply for ILR for the child, which form would be correct – SET(F) or SET(O)?

2. Would submitting an ILR application have any impact (positive or negative) on the ongoing MN1 application?

3. If we were to receive a decision on the MN1 before attending the ILR biometric appointment, would we be able to withdraw the ILR application at that stage and obtain a refund of the fee?

4. What would be the repercussions if we decide to wait for the MN1 decision without applying for ILR, and the child remains without valid leave during that time? (just in case the MN1 is rejected)

To be clear, I recognise that decisions under Section 3(1) are entirely at the Home Secretary’s discretion. My main concern is to safeguard the child’s immigration status while the MN1 application is under consideration, and to understand whether a parallel ILR application is the right approach.

Any guidance from members who have been in a similar situation, or who know how the Home Office views parallel applications, would be very helpful.

Thank you in advance.

For children born abroad and who haven't lived in the UK for at least 10 years, ILR is expected before they are registered as British citizens.

Keep in mind that applications at discretion do also have their own requirements.

Registration of children as British citizens caseworker guidance - Discretionary applications under section 3(1) wrote:Children applying in line with their parents

We recognise that a number of children apply for registration under section 3(1) at the same time as their parents apply for naturalisation. Such children have usually been living in the UK with the parents and have completed a period of lawful residence.

You must normally register where:

one parent is a British citizen or about to become one through registration or naturalisation

the other parent (if involved in the child’s life) is a British citizen or settled in the UK

the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 you can accept a shorter residence period, taking into account the age of the child)

the child is settled in the UK

where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded

there is no reason to refuse on character grounds

"Settled in the UK" means having ILR or some other form of settled status.

Since you have already made the MN1 application without meeting the requirements, not sure what to advise.

You can apply for ILR for the child, but that application would of course be rendered moot if the child is successful in its MN1 application. And I doubt that you'd get a refund if the child gets British citizenship after the application for ILR was made.

On the other hand, if the MN1 application fails (as I expect it to), the child will at least have its leave to remain extended, get ILR and then have to apply again for MN1 (paying the fees again).

Unless there are extenuating circumstances, a child born outside of the UK that hasn't completed 10 years of residence in the UK and doesn't have ILR will not be granted citizenship. If you haven't attended a biometric appointment for this application yet I strongly suggest to not attend so you can get a refund. If it is too late for that, apply for ILR, obtain that, and then you will be able to secure citizenship for your child.

Thank you for your reply.

We did already submit the MN1 application and attended the biometric appointment a few weeks ago, so unfortunately the refund option is no longer available. That said, there are extenuating circumstances in our case, and my lawyers are confident of a positive outcome under Section 3(1).

However, I am trying to safeguard against the small possibility of a rejection. That is why I am considering submitting an ILR application as well, and then delaying the biometric appointment for ILR as far as possible — in the hope that if the MN1 is granted first, we can withdraw the ILR and potentially obtain a refund.

My key question remains whether both applications — MN1 (citizenship) and ILR (immigration) — can run in parallel without one cancelling out the other, or if I would be forced to choose between them.

I would be very grateful if anyone has clarity or experience on this specific point.

The two applications can run in parallel. However be aware that a MN1 application takes up to 6 months so the strategy to delay the ILR biometrics appointment may not work for as long as you need it, especially if yours is a complex case.

thank you for your reply.

just last query i hould fill in Set (F) right?

This query is best placed in the ILR subforum. I don't know enough about IL to answer.