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Hi

My situation is tensed and would be greatful if someone can advise me on the situation.
I applied for my Naturalization application on August 11th through NCS.

My case is as follows:
1. I have ILR , 2 kids have ILR along with me ( one child 7 years born in India, another 1 year born in UK), both kids took ILR along with me.
2. My hubby chnaged to HSMP ater being my dependant for 1 year, so He is currentlyon his Tier1.
3. I applied or Citizenship for myself and 2 kids.

They sent letter today 22nd Sep, saying that they are refusing my first child's registration. The explanation is as follows:
""""""""""""
A Minor will not be registered if, as appers in this case, one of their parent is not 'settled' in the UK as defined by the immigration laws. A European Economic Area national is not 'settled' in the UK until he has either been granted ILR or acquired PR under European law, neither of which is soat present. So application for the minor is rejected.
""""""""""""""

We are from India, not EEA national, and are confused with the letter they sent. Before I call them tomorrow morning, I wanted to check the expertsand seniors here which gives me help.

Please help me .....advise me in the situation.

Your second child was born in UK, and when of the parent (you) got settled in UK (because you got ILR) the child (born in UK) became eligible to be registered as a British citizen.

But

Your first child was not born in UK, so he/she never became eligible to be registered when you got ILR. Hence the refusal is correct. There is no point in ringing UKBA as it will change nothing.

If you had read the form MN1 carefully, then you would have easily worked out that your first child is not eligible.

UKBA's refusal is sound and correct, I am afraid.

Hello Mr lookforward,

Thank you veruy much for answering me. I am confused, Now the application went in as a family application, where in i am applying for citizenship along with my kids.

Leaving out 2nd child's eligibility aside, myself and my daughter are applying together for Naturalization as we both have ILR and lived in the UK since 6 years. So how come she is not eligible?

As you mentioned, she never became eligible, she should now be eligible to get Approval along with my application , if i am getting approval right?
Or Am I missing something?

Please kindly clarify me? My friend in similar case with one son (indian born) and herself applied for Naturalization, where as her hubby is on HSMP still. she and her son both got approval letters and BC passport without any problems.

Thanks again for your consideration to answer me.

If your naturalisation is successful, then your Indian born child should be too.

bpb51 wrote:Hello Mr lookforward,

Thank you veruy much for answering me. I am confused, Now the application went in as a family application, where in i am applying for citizenship along with my kids.

Leaving out 2nd child's eligibility aside, myself and my daughter are applying together for Naturalization as we both have ILR and lived in the UK since 6 years. So how come she is not eligible?

As you mentioned, she never became eligible, she should now be eligible to get Approval along with my application , if i am getting approval right?
Or Am I missing something?

Please kindly clarify me? My friend in similar case with one son (indian born) and herself applied for Naturalization, where as her hubby is on HSMP still. she and her son both got approval letters and BC passport without any problems.

Thanks again for your consideration to answer me.

Did you apply for your first child (born in India) for naturalisation or registeration?

As vinny pointed out, your daughter application was subject to discretion. It's seems that in this case, the HO has been more strict than usual. If you read chapter 9 in particular section 9.17 and especially paragraph 9.17.9, you will understand the ground for the refusal. It seems that the HO was not convinced that your child future is within the Uk or that your husband is likely to stay in the UK. Quite unusual given your story (I assume both daughter and husband have been living in the UK for several years now).

The section about the EEA nationals in the refusal letter is just a generic statement when mentioning ILR (just to cover EU cases also) and has nothing to do with your case.

Did you apply for your first child (born in India) for naturalisation or registeration?

I applied for her naturalization as a dependant, so submitted the MN1 form. she had her indian passport and dependant visa since 2005 and lived in UK since then and got ILR along with me.
Do u think still HO is correct?
Any hints or the procedure of appealing to HO in such situaton?

Regards

Minors do not apply for naturalisation, but for registration. Adults apply for naturalisation.

If you applied only for registration of minors as British citizen, then the decision to refuse your India-born child's registration application is correct,

However, if an adult parent applied for naturalisation along with registration of the minors and the naturalisation application (of adult) was successful, then it seems that UKBA did not exercise discretion in your child's favour because of your husband's current immigration status as a Tier 1 (General) migrant (temporary leave to remain with no certainty in obtaining settlement e.g. - possibility of not meeting required points for settlement, possibility of unspent conviction(s), etc.).

sushdmehta wrote:Minors do not apply for naturalisation, but for registration. Adults apply for naturalisation.

If you applied only for registration of minors as British citizen, then the decision to refuse your India-born child's registration application is correct,

However, if an adult parent applied for naturalisation along with registration of the minors and the naturalisation application (of adult) was successful, then it seems that UKBA did not exercise discretion in your child's favour because of your husband's current immigration status as a Tier 1 (General) migrant (temporary leave to remain with no certainty in obtaining settlement e.g. - possibility of not meeting required points for settlement, possibility of unspent conviction(s), etc.).

Thank you for the clarification. In my case, my application for naturalization went along with my child's application. So do u think appealing this would be helpful?

She never took dependant visa on his Visa(Toer1) and he also was on dependant visa for 2 years initially, due to job requirement, he had to change to Tier1. So suggest if appealing this might help?

Should i go through any solicitor? or write back to the HO directly with the explained letter?

Thanks for every ones support in need

Wait until you're granted naturalisation. Then ask them to reconsider your Indian born child's registration.

bpb51 wrote:Hi

My situation is tensed and would be greatful if someone can advise me on the situation.
I applied for my Naturalization application on August 11th through NCS.

My case is as follows:
1. I have ILR , 2 kids have ILR along with me ( one child 7 years born in India, another 1 year born in UK), both kids took ILR along with me.
2. My hubby chnaged to HSMP ater being my dependant for 1 year, so He is currentlyon his Tier1.
3. I applied or Citizenship for myself and 2 kids.

They sent letter today 22nd Sep, saying that they are refusing my first child's registration. The explanation is as follows:
""""""""""""
A Minor will not be registered if, as appers in this case, one of their parent is not 'settled' in the UK as defined by the immigration laws. A European Economic Area national is not 'settled' in the UK until he has either been granted ILR or acquired PR under European law, neither of which is soat present. So application for the minor is rejected.
""""""""""""""

We are from India, not EEA national, and are confused with the letter they sent. Before I call them tomorrow morning, I wanted to check the expertsand seniors here which gives me help.

Please help me .....advise me in the situation.

bpb.

To me it seems like the HO has made a mistake.

I can only go based on the experience I've had, and some of my friends.

The following examples should help you decide on a course of action:

a) My son was born in 2007 outside the UK before any of us got ILR. I had to apply for a visa for him as a dependent on me at the time of his birth. Last year in May, me and the wife became eligible for ILR on a/c of 5 yrs stay in the UK. So submitted applications for the 3 of us, his, an MN, and AN for the 2 of us. Were granted ILR in May and this yr, in May, we applied for BC and got it approval last week.

This would've been different had my son been born in the UK, in which case, he would've been eligible for nationality as soon as we, the parents got ILR.

b) A friend was here on a work permit, his son was born IN the UK, but as my case, before he had achieved ILR. As soon as he got ILR, he sent his son's papers away, and the child has had a passport for over a year; my friend applied for his BC along with me back in May this yr.

Based on this, you child born in India should be given BC, (if you got his ILR a yr or more ago, and the visa stamp on his Indian Passport states "Settlement".

Your other child who was born in the UK, you should've just had him registered as soon as you got ILR a yr ago.

The main difference from the cases you mentioned (and as pointed out in the refusal letter) is that in the OP case, her husband doesn't have ILR although this is quite unusual to refuse on that basis. Also there is a big difference if the child was born in the UK or not.

I guess she did not apply for registration a year ago to save the cost of two separate applications.

I and my son were granted the citizenship few month ago, my son was born out of Uk and my wife still has not got the ILR yet, hope this will help

goody09 wrote:I and my son were granted the citizenship few month ago, my son was born out of Uk and my wife still has not got the ILR yet, hope this will help

Yes ur case is similar to mine... another friend of mine applied the same way, she and her son both got the BC.

My case is exceptionally handled and shows to be strange.

I spoke to the HO advisery on the number given on the letter, He advised me to put every thing on a letter and send to the address, so they can see if they can consider. He asked me to post the letter today itself.

I mentioned that i want both my kids to be on the same state of immigration. when one child and mother can be given , there is no fair reason for the 1st kid to be differentiated, as the first child has been on my dependant visa since 2005 and have ILR. I will prepare a letter and post it along with the counsil bills showing both mine and my husband name on the billing. Wish it goes through consideration as its painful to keep one child in different situation.

Regards

The result might have been different had you requested in a covering letter that your naturalisation application be decided on before the registration application of your India-born child is assessed.

With neither parent granted British citizenship, the law does not allow registration of a overseas-born minor as a British citizen (by discretion).

goody09 wrote:I and my son were granted the citizenship few month ago, my son was born out of Uk and my wife still has not got the ILR yet, hope this will help

Hi Goody

Have you submitted any cover letter explaing the status of your partner's vias at the time of the application?

As Sushdmehta menioned I would have submitted a letter explaingin the situation, i never thought this would be a point to be considered as she has ILR along with me. Now feeling bad and not knowing how to resolve this.

If i send a letter, if they consider is fine, else i might able to submit once my approval and pass port comes to me, isn't it?
Or i had to wait until my hubby clears his ILR status? as they mentioned that as the reason?

Thanks a lot for all the support

sushdmehta wrote:The result might have been different had you requested in a covering letter that your naturalisation application be decided on before the registration application of your India-born child is assessed.

With neither parent granted British citizenship, the law does not allow registration of a overseas-born minor as a British citizen (by discretion).

Hi SushdMehta

I posted my request letter for the reconsideration of my daughters application on saturday, they must have received yesterday. Today i received the approval letters for my self and my 2nd child.

Not sure whether they will respond back on my request letter or not? Any idea , will they respond back what ever their decision will be? or do they dont come back at all if the HO doesn't consider to approve my 1st child's application?

Anyways to know the status of this? Please advise me on this?

Regards