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Child legal status while naturalization(Mn1) in progress
Posted: Mon Dec 29, 2025 1:14 pm
by Ven33
Hi All,
I am planning to apply for (ILR) for myself and my spouse in February. Our child, born in the UK, currently holds a dependent visa valid until May. Upon receiving ILR, if we submit an MN1 form for naturalization and the process extends beyond two months, will our child's legal status be affected given their visa expires at the end of May? Your guidance on this matter would be greatly appreciated.
Re: Child legal status while naturalization(Mn1) in progress
Posted: Mon Dec 29, 2025 1:58 pm
by contorted_svy
Children born in the UK can't become overstayer. Of course your child won't be able to travel without a visa so make sure you plan accordingly. It is recommended to secure private medical insurance while you wait to receive approval for the MN1 application.
Re: Child legal status while naturalization(Mn1) in progress
Posted: Mon Dec 29, 2025 3:11 pm
by secret.simon
contorted_svy wrote: ↑Mon Dec 29, 2025 1:58 pm
Children born in the UK can't become overstayer.
That's not quite correct. Children born in the UK
can become overstayers if the they were issued a visa/Limited Leave to Remain in the UK and that leave expires.
Form MN1 is
not an immigration application and does not extend leave automatically
However, children born in the UK have an entitlement to register as British citizens if either parent acquires ILR. So even if they are overstayers, they will be registered as British citizens.
But, for the period between the end of their limited leave to remain and the date of their registration certificate being issued, they can be overstayers.
contorted_svy wrote: ↑Mon Dec 29, 2025 1:58 pm
Of course your child won't be able to travel without a visa so make sure you plan accordingly. It is recommended to secure private medical insurance while you wait to receive approval for the MN1 application.
This is accurate. Indeed the advice to have private health insurance is precisely because they are not covered by free NHS coverage because they may become overstayers for the period between the end of their limited leave to remain and the date of issue of their registration certificate.