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I need your advise and guidance on my situation for my 14 year old child who came to UK in Oct 2015 and will complete 10 year lawful residence in UK under dependent visas Tier 2 ICT, Skilled worker since 2021.

Child has been studying in UK continuously and has made substantial connections including establishing social connections etc.

I have just received my ILR and child's other parent ( divorced ) is eligible for ILR too, not sure if they would apply ILR or wait until current visa which expires in 2027 apply then.

My question is -
1) Does my child need to get ILR first or can qualify under 10 year route under section 3 (1) secretary discretion?
2) Or if ILR is recommended for child then do we need to wait another 1 year for registration of citizenship?

3) How long and complex is secretary discretion? We can prepare all required documents including school/GP letters etc and provide everything that is needed.

Thank you all for your guidance, we look forward to your suggestions

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

CR001 wrote: ↑

Wed Sep 24, 2025 6:57 pm

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

Last year it was not older child but younger one, he is eligible now directly for citizenship as born in UK. Older child is the 13 year old from last year and is 14 now.

I have 2 children -
Child 1 - 13 year old (born outside UK but now has lived 7 years continuously in UK )- Currently on skilled worker dependent visa till June 2024
Child 2 6.5 year old - Born inside UK and becomes eligible for ILR in 6 months time - Currently on skilled worker dependent visa till June 2024

This is what you said, which is what I specifically was referring to!!!

shal5566 wrote: ↑

Wed Sep 24, 2025 7:05 pm

CR001 wrote: ↑

Wed Sep 24, 2025 6:57 pm

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

Last year it was not older child but younger one, he is eligible now directly for citizenship as born in UK. Older child is the 13 year old from last year and is 14 now.

I was referring to the 7 year rule for ILR then, apologies for the confusion. Also no absence in 10 years greater than 90 days. So can we use MN1 instead of ILR?

If
(a) the foreign-born child is under the age of 18,
(b) the child has lived in the UK for 10 continuous years legally,
(c) with both parents also living in the UK legally for those 10 years,
(d) and the child is of good character,
then I think the child can register as a British citizen under Section 3(1).

Note that it is still at discretion and this provision is relatively new (introduced in July last year), so not much is known about its operation.

Also note that an MN1 application is not an immigration application and will not preserve the child's legal immigration status or access to free NHS healthcare if their current immigration status runs out.

If their current immigration status is due to run out, it may be wiser for the child to have an ILR application rather than an MN1 application.

As mentioned above, this provision is quite new and its operation at the moment is a known unknown.

secret.simon wrote: ↑

Wed Sep 24, 2025 7:59 pm

If
(a) the foreign-born child is under the age of 18,
(b) the child has lived in the UK for 10 continuous years legally,
(c) with both parents also living in the UK legally for those 10 years,
(d) and the child is of good character,
then I think the child can register as a British citizen under Section 3(1).

Note that it is still at discretion and this provision is relatively new (introduced in July last year), so not much is known about its operation.

Also note that an MN1 application is not an immigration application and will not preserve the child's legal immigration status or access to free NHS healthcare if their current immigration status runs out.

If their current immigration status is due to run out, it may be wiser for the child to have an ILR application rather than an MN1 application.

As mentioned above, this provision is quite new and its operation at the moment is a known unknown.

Thank you. I am thinking to get the ILR first for the child which will ease some concerns for HO. Then apply immediately for MN1 basis the new provision without having to wait 1 year after ILR. All conditions below we satisfy for the application, only bit I dont know is how long discretion takes - is it still standard 6 months or could be longer?
a) the foreign-born child is under the age of 18 - Yes
(b) the child has lived in the UK for 10 continuous years legally, - Yes all lawful stay
(c) with both parents also living in the UK legally for those 10 years - Yes plus will have ILR
(d) and the child is of good character - Yes

We don't know how long applications take. standard processing times are 6 months but it could take longer.

shal5566 wrote: ↑

Fri Sep 26, 2025 8:17 am

Then apply immediately for MN1 basis the new provision without having to wait 1 year after ILR.

Not sure about what you mean by this sentence.

There is no requirement for one year after ILR for registration of foreign-born children under the age of 18.

That requirement only applies to naturalisation of adults who are not married to British citizens.

secret.simon wrote: ↑

Sat Sep 27, 2025 1:03 pm

shal5566 wrote: ↑

Fri Sep 26, 2025 8:17 am

Then apply immediately for MN1 basis the new provision without having to wait 1 year after ILR.

Not sure about what you mean by this sentence.

There is no requirement for one year after ILR for registration of foreign-born children under the age of 18.

That requirement only applies to naturalisation of adults who are not married to British citizens.

I wasn't sure if even children need to wait 1 year after ILR like adults.
I really appreciate your guidance, I would submit ILR application first, once that is secured I would go for MN1 to register.

Update, ILR granted today for older child born outside UK.Next step MN1 basis 10 year residence secretary discretion 3(1)
Younger child Mn1 applied last week (born UK) no ILR - assuming few months till decision

shal5566 wrote: ↑

Tue Oct 07, 2025 9:16 pm

Update, ILR granted today for older child born outside UK.Next step MN1 basis 10 year residence secretary discretion 3(1)
Younger child Mn1 applied last week (born UK) no ILR - assuming few months till decision

Congrats on receiving ILR for your child!

We are in exactly the same situation and would be grateful for your advice. Our older daughter (will be 11 years in Nov) born outside UK has completed 10 years without exceeding absence and we would like to apply for her ILR. Both of us parents got ILR. For you older child which application did you use? Is it the SET(LR) one? We are planning to use that but wanted to confirm.

Also in the SET(LR) application under Declaration section there are 4 options.
-I am the applicant aged 18 or over
-I am the applicant aged under 18
-I am the parent or legal guardian of the applicant who is aged under 18 and completing and submitting the form on their behalf
-I am submitting the form on behalf of the applicant

So did you use second one or third one? Third might apply but not sure if second is for specific age.

Appreciate your help!

You should open your own topic. Here you ask about ILR but this is the citizenship subforum - in cases like yours, there is a new route recently opened where you should be able to apply for your child's registration skipping ILR.

contorted_svy wrote: ↑

Fri Oct 10, 2025 1:43 pm

You should open your own topic. Here you ask about ILR but this is the citizenship subforum - in cases like yours, there is a new route recently opened where you should be able to apply for your child's registration skipping ILR.

Thank. I have opened a new topic. Can you please share details on the new route.