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Dear nice and friendly people here,

I am preparing to apply for my ILR using SET(O) form and have a query which has confused me. I have two kids both under the age of 10. The elder one was born abroad whereas the younger one in the UK.

Reading through forums and guidance etc, I understand that child born in UK can apply to register as British citizen using MN1 form at the same time when I apply for ILR. Is this correct?

Also,I am not sure about child born abroad. Some places advise that I should apply for their ILR and others suggest to apply for registration as British citizen. Can I do this at all? and Can I do this at the same time when I am applying for my ILR?

please help!

UK born children can apply on form MN1 after either parent is granted ILR. They cannot apply at the same time you apply for ILR.

Children born abroad are expected to hold ILR first and can apply for citizenship when either parent is applying for citizenship or holding citizenship already and the other parent holds ILR.

Thank you CR001 for your instant reply...

Just to clarify:

1. I will have to wait for decision on my ILR application before I can apply for the UK-born child's registration as British citizen.

2. People have pointed me to section 3(1) which I understand is a discretionary law (pg. 16 of the guidance below)
https://assets.publishing.service.gov.u ... y_2017.pdf

What do you think about this?

2. Yes I know the rules and page 16 clearly states what they are, namely that both parents are settled etc and the child is free from any restrictions on their stay, ie which is ILR.

What is the other parents immigration status?

How old is the born abroad child?

When does their current visa expire?

Be aware that many members have tried to do this and avoid the ILR fee for born abroad children and had citizenship refused and by then the childs visa had also expired.

please see answers below...

What is the other parents immigration status?
The other parent is on my dependent visa and will apply for ILR with me as my dependent

How old is the born abroad child?
7 and came to UK as a 2 year old. If it helps, 3 of us (myself, my spouse and born abroad child) got entry clearance together 5 years ago and have lived in UK ever since...

When does their current visa expire?
current visa expires end of june 2019

TIA

Your choice if you wish to take the risk applying for the child and remember, it is an application at HOs discretion, no guarantee of success and it can be refused. There are no appeal rights for refused citizenship applications.

Thank you again for the reply.

If the born abroad child's MN1 application is refused, what are the implications? Will we still be able to make an ILR application for the child?

Also, how long does it usually take to get a decision on MN1 application. We intend to apply using the 'super priority service' for our ILR. Can this service also be used for MN1 applications?

Thank you!

There is no super priority service for processing of citizenship applications. It is only relevant to immigration applications.

Using UKCVAS is only beneficial as you get to keep your original documents and enrol kids biometrics there. Processing time has not changed for citizenship and can take a couple of months, up to 6 months and sometimes longer.