MN1 -Applying while in UK on holiday visa

[jacs27]

Hi
I'm hoping someone can share some advice.
I'm a British Citizen by descent, my hubby has indefinite leave to remain & my daughter is a British Citizen. We lived in UK for approx 9 years.
We are now in South Africa where my son who is now 2years of age was born. We are returning to the UK but it's all happened quite quickly as my hubby has great job opportunity there.

My son will have to enter UK on holiday visa but I have been told that he is able to get citizenship through me through MN1 application.
My question is, can I apply and do this MN1 whilst we are there in the UK with him on a holiday visa?
How long does it take & what will happen if in the middle of the application and his visa runs out?

Please if anyone can help or advise would be greatly appreciated.

[CR001]

How long has your hubby been away from the UK?

When did he get his ILR?

[jacs27]

He got his ILR in 2003 and was last in the UK last year September.

[Casa]

How long has he spent in the UK in the last 2 years?

[jacs27]

About 3 weeks

[noajthan]

That's not viable ILR - such an 'ILR' can be removed at any time at any encounter with IO at UK border.
Suggest plan accordingly.

[Casa]

The you may have a serious problem. ILR is lost after 2 years absence from the UK and brief visits don't reset the clock. He could be pulled up on his next entry if the Immigration Officer at the point and entry spots it. If it does flag up on the system and he's permitted limited entry and stamped in as a visitor his ILR will be void. This is why CR001 asked the original question.

Edit: Beaten by Noajthan

[jacs27]

Ok, he has been in and out quite a few times so will have to take the risk.
More concerned about my son - arriving on a holiday visa - can I then apply for an MN1 for him whilst there?

[noajthan]

MN1 may take 2-4 months; passport maybe 2-6 weeks.

If visa runs out you need to leave.

[jacs27]

Ok thanks so much for that info.
At least I know I can apply for the MN1 whilst there.

[Casa]

If your husband's absence is flagged up on his next entry, you need to have plan B figured out as this would require a spouse visa application to be submitted outside of the UK and a new 5 year path to ILR. The Immigration Rules for settlement visas became far tougher post July 2012.

[noajthan]

Ok thanks so much for that info.
At least I know I can apply for the MN1 whilst there.

Under which section of BNA do you propose to apply 3(2)?, 3(5) or simply 3(1)??

[CR001]

Not sure how your son will qualify for a visitor visa as he is obviously not a 'genuine visitor' and has no intention of returning to SA.