ILR dependant for Kid while MN1 is in process

[Monika_tyagi]

Hi Team,

We are in a very tricky situation
1. I got my ILR in Sept 2020
2. I filled out my daughter MN1 application on 27th Sept 2020 but I didn't receive any update so far (asked local MP for help but nothing promising coming out of it)
3. I have to travel to India urgently with my daughter (because of a family emergency, she has an Indian passport to travel )
4. Now I am not sure how long MN1 application is going to take so I am thinking of applying for an ILR extension and travel to India with her.

Is there any other way around? and can I apply for ILR extension when MN1 application is still in process?

Thanks,
Monika

[secret.simon]

What do you mean by "ILR extension"? What is your daughter's current UK immigration status?

[Monika_tyagi]

Sorry by ILR extension I meant Tier 2 general extension, she was on Tier 2 general extension which expired on 10th Oct 2020.

She was born before I got ILR.

[CR001]

She cannot extend her tier 2 dependent visa as it has already expired and she has no legal status in the UK at present.

[Monika_tyagi]

So waiting for her registration certificate is the only option we have in that case?

[CULLINAN]

So waiting for her registration certificate is the only option we have in that case?

Yes.

You will need to apply her British Passport after you receive the certificate, before she can travel. She would need that to enter back in UK.

[Monika_tyagi]

Thanks for the clarification, hope we will receive the registration certificate soon.

[Monika_tyagi]

Hi,

We have to travel in April'21 and there is no sign of MN1 form (Sept 2020). Can we apply for ILR dependant for her while MN1 is still in process. As there is no timeline given on MN1 after 6 months we are thinking of doing ILR dependant.

Please guide us.

Thanks,
Monika

[vinny]

What’s your husband’s status now?

[Monika_tyagi]

He is on PBS dependant leave to remain

[vinny]

See also to similar questions and answers.

Sorry by ILR extension I meant Tier 2 general extension, she was on Tier 2 general extension which expired on 10th Oct 2020.

If child is an overstayer, then I suspect child may have problems with obtaining leave.

[Monika_tyagi]

thanks for your reply and so overstayer can impact her MN1 application as well?

We got her Tier 2 (dependant) visa in March 2020 and we received it until 10th Oct 2020 (when my Tier 2 was expiring). So we were under an impression that after my ILR we can directly apply for MN1.

[secret.simon]

so overstayer can impact her MN1 application as well?

No, if the child is born in the UK or is under the age of 10.

Yes, if the child was born abroad and over the age of 10.

So we were under an impression that after my ILR we can directly apply for MN1.

Only in case the child was born in the UK.

Also keep in mind that MN1 (and any other citizenship applications) are not immigration applications (which end at ILR) and do not extend Section 3C leave (which is the leave that covers the period of decision for an immigration application made before the end of a previously granted leave to remain).

[vinny]

A UK born child is entitled to register immediately after a parent is granted ILR.

If child is under 18, then they may also correctly disregard child’s overstay for citizenship applications.

However, for children born aboard, they may also expect them to have ILR.