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Hi,

I have applied for ILR for myself (main applicant) and my partner(dependent) through the 5 year skilled worker route (Tier 2 general). Our current visa expire on 16 April 2024. I submitted my ILR application on 17th March and paid for priority services and gave biometrics on 22nd March. I have a daughter who was born in UK in 2021. She is currently on a tier 2 dependent visa tagged to myself which expires on 16 April 2024 as well. I didn't include her in the ILR application as I thought that I would be able to apply for her citizenship via MN1 form once my ILR decision comes. But even after taking priority service I haven't heard back from UKVI until now. My questions are :
1. Is the UKVI delaying my application because I didn't include my daughter in the application? Shouldn't they raise that query with me by now?
2. If point 1 is valid then should I apply for my daughter's ILR as well before 16 april considering that her visa expiry date? Is.there a way to link her application with my pending application?
3. In case the ILR decision comes before 16th April is there a way I can apply for her MN1 and not go for ILR for her?

We are really concerned as there has been no update from UKVI for over 10 working days now since we gave our biometrics. I have escalated the case on UKVI helpline today. Can someone please guide us a way forward?

There are no guarantees for priority service. The child does not need ILR and does not even need to hold a valid visa, so you do not need to do anything at all. UKVI may ask about the child when you can simply explain that you want to apply to register her and there will be no objection

Thank you for your response, I truly appreciate it. I had called UKVI support on this topic as well. I was suggested to apply for her ILR although she is born here, this will not be her first leave to remain application (she currently holds a Tier-2 dependent visa) and due to this reason she would fall under timed immigration rules (visa controls). Would she not become an overstayer, if we apply for citizenship post 16.04.2024?

A uk born child has an entitlment to register. It doeant matter if their visa has expired.

Yes they are overstayer but it has no effect on the MN1 application.

Whag it doea affect is their free nhs use, which they wont have if they have no visa.

Thank you for your response, it is much appreciated. I came across 'applications from overstayers' guidelines from the Home Office and it seems being born in the UK does not qualify for exception, if the current leave to remain has expired.
Have you come across any cases recently where the child's citizenship application was submitted post BRP expiry and they still got a positive decision? Many thanks once again for your guidance on this matter.

If you are quoting a guidance, post the link.

What you are reading doesn’t apply to a child who has an entitlement to register as British

I have yet to see a refusal in the same circumstances as yours.

You are overthinking!!

Snig01 wrote: ↑

Thu Apr 11, 2024 1:01 pm

Thank you for your response, it is much appreciated. I came across 'applications from overstayers' guidelines from the Home Office and it seems being born in the UK does not qualify for exception, if the current leave to remain has expired.
Have you come across any cases recently where the child's citizenship application was submitted post BRP expiry and they still got a positive decision? Many thanks once again for your guidance on this matter.

The guide you looked at has nothing to do with nationality applications and it is for immigration applications only.
MN1 is an application under nationality law and NOT the immigration rules and has nothing to do with immigration rules. These are two totally separate things under totally separate legislation.

A UK-born child of the settled parent has an automatic entitlement to register as British under nationality law and there is no residence requirement at all for such a child, so not having a visa or being an overstayer etc is irrelevant unless the child is old enough to need to meet the good character requirement.

Thank you both, it is relieving to understand the matter is not as critical as I was thinking. I have a couple more questions to evaluate my options, and would truly appreciate your guidance.

- Like you mentioned earlier, should I wait to receive a decision on my application and then submit her MN1 application, even if her current visa has expired by then? OR
- Is it possible/preferable to add my ILR UAN inplace of my ILR number and proceed to submit her MN1 application before 16.04?

Many thanks once again!

Apply for MN1 only after you get your ILR.

Thank you once again! I just received an email from UKVI that my ILR application has been successful. I am just wondering if you'd know of a way to expedite receiving the BRP or can I now use the application number to make her MN1 application? Or as you advised, I should just wait to receive the BRP and then fill her application, irrespective of the date? I am really sorry, if the question seems repetitive - I just want to understand with this change in situation would you suggest a different approach.

It doesn't matter as her visa expires next week anyway and she will still be an overstayer regardless of when you submitt the MN1.

You cannot expedite the brp.

Snig01 wrote: ↑

Thu Apr 11, 2024 3:23 pm

Thank you once again! I just received an email from UKVI that my ILR application has been successful. I am just wondering if you'd know of a way to expedite receiving the BRP or can I now use the application number to make her MN1 application? Or as you advised, I should just wait to receive the BRP and then fill her application, irrespective of the date? I am really sorry, if the question seems repetitive - I just want to understand with this change in situation would you suggest a different approach.

MN1 is based on your ILR status, not the BRP. You seem to be fixated on her visa expiry and we repeated now multiple times her visa status does not matter at all. Apply using MN1 now.

Thank you so much both for your support and guidance, it has been extremely helpful. I am starting her MN1 application now and would like to understand how to respond to the question "the date when your parents became settled in the UK". Should it be yesterday's date i.e. the date I got HO email stating my ILR application has been successful?

Snig01 wrote: ↑

Fri Apr 12, 2024 12:27 pm

Thank you so much both for your support and guidance, it has been extremely helpful. I am starting her MN1 application now and would like to understand how to respond to the question "the date when your parents became settled in the UK". Should it be yesterday's date i.e. the date I got HO email stating my ILR application has been successful?

Yes. Please start a new topic for MN1 application in the British citizenship forum