Hi,
to understand my situation i am adding a summarised bacground,
*im a british citizen by decent i became british when i was 3 in 1985. till i was 18
*married and lived in usa for the last 10 years.
*seperated from husband 1 year ago and divorce is finalising this month.
*i have custody of my 2 daughter and he has son. (with visitation rights)
1 daughter is 3 the other is 9
i have been in uk coming up to 6 months now, when i landed at the airport i explained my situation they said it was ok my daughters could stay i just need to apply for a british passport. they gave them a 6 month visa
subsequently i have found out they cannot automaticaly become british passport holders as i have gained my passport through decent from my father.
my father was naturalised. however i have been told it cannot be passed on 2 generations.
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i cannot apply for indefinate leave to remain for my children as i do not meet the new financial requirements. 18,500 a year. i am in reciept of benefits and family support. i am training to become a nurse but that will take a while.
now i have found my best option to be MN1 section 3 (2). i meet all the requirements and have all supporting documents
however in 1.3 it asks for childs indefinate leave to remain in the uk.
they have a 6 months visa which ends in a couple of days.
must this be present for me to apply or can i just send all my information and provide a discretionary reason for this?
my discretionary reason is,
after i seperate from husband a year ago ( irreconcilable differences) i started seeing another guy after 6 months of this relationship, i found out very bad things about him, the short of it is he commited suicide infront of me. i was in a psychiatric hospitol for 3 weeks as i had lost the will to live. the only thing that saved me was my family willing to give me a chance at second life back in the uk, and the will to raise my children.
i cannot go back to the place where my daughter father is, too many bad memories. besides i cant provide financialy for myself. my husband is not giving me alimoney because he didnt contest to my daughter coming to the uk with me. there is a court marital settlement documnet that states that i cannot claim alimoney and that their place of residence is with me
i cant send my daughters either, they are all i have left.
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so i am applying for british citizenship for my children who have a temporary visa . an i propose to skip question 1.3 and provide a discretionary reason, what is my chance of acceptance?
thank you very much for your help and support.
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