MN1 Section 3(1) Registering kids as British citizen.

[Shah74]

Dear Team,
I was about to apply for my kids( under 18) and wife for FLR (M) but was advised that I can use MN1 form for my kids instead under section 3(1)
I am on ILR ( Long residence)recently issued and wife on Tier 1 along with two kids since last over three years / third kid is British ( Born in UK)

Two kids born back home moved to live in UK in 2006 (currently my dependents) .
I have read everything in the guidance book for MN1 and in accordance to rules at least one parent should have British nationality and one should have ILR which is not in my case.

I have been advised that one of your kids is British and you hold ILR though rest of the family is still your dependent , Apart from my wife I can apply for my two kids under that particular section 3(1) Reasons are - that they have been living here since last over 8 years also 3rd kid is British and I hold ILR which makes the case a bit more stronger for kids .
Personally i am not satisfied. I do not have any problem to include my kids in flr (M) or to apply MN1.
Any suggestion/ advise is highly appreciated.
Many Thanks & Kind Regards
Shah

[Obie]

A very strong and compelling case will need to be made for those kids to be registered, there is little possibility of success.

They are subject to immigration control. They will need to continue depending on their mother, until she secures ILR.

[Shah74]

Morning Obie ,

Thanks for your reply.

I agree and thats exactly what i was thinking though the solicitor I spoke to said that they have lived here for over eight years also their brother and father is settled. ( Not sure if that is a compelling reason or not).
Would you kindly let me know what else can be compelling reason apart from their period of stay also brother and father being settled here.
Many Thanks
Shah

[Obie]

I am unable to decide on a forum what your individual compelling circumstance are, as those are based on a person's person circumstance, all i can say is that your solicitor is not correct, and that it is his job to identify the particular circumstance of your case that will enable the discretion conferred by section 3(1) of the act to be exercised in your favour.

[Shah74]

Thanks Obie. Appreciate that .
I agree with you. As I mentioned earlier that Personally I am comfortable in applying for MN1 or include them in FLR ( M) and apply again after two years to register. I couldn't convince myself for mn1 due to the reason I requested for expert opinion which you kindly have provided.
Have a great day.
Many Thanks
Shah

[Shah74]

Dear Obie and Team,

Hope your are all well and had a good weekend.
I had great help from yourself and your team members in the past and would appreciate if you/team members can advise on the below mentioned.

I was given ILR based on long residence last year and would apply for naturalisation in the coming months.
Two daughters born abroad living here since last over 9 years on dependent visa( Under16) along with wife-their visa will expire at the end of this year. My son is British national (born here).

I was about to apply for FLR (M) for all three of them (daughters and wife)as per as your advise in the past.

When I checked with an advisor he said that if you are eligible for naturalisation soon then why not to apply for ILR for your daughters on set F and extension for your wife at the same time until she completes her ten years ( due in 6 months time after extension) saving you time and money.
Would you kindly give your expert opinion on this - If this is something suitable for my kids or shall I go for FLR M.

With king regards
Shah

[vinny]

I'm afraid that your daughters may be ineligible for SET(F), if their mother is not settled and there are no compelling reasons.

[Shah74]

Afternoon Vinny,

Thanks for your reply. I appreciate that.
I believe i will have to go for FLR M for 6 months or so and then apply for ILR for kids and wife. I do meet all the requirements but was trying to cut short time interval for kids and obviously saving some money.
Kindly let me know if there is a possibility to acquire ILR for kids instead of FLR M.
Your reply is highly appreciated.

Kind Regards
Shah