Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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Damanisshallo
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by Damanisshallo » Fri Aug 24, 2012 3:18 pm
Hello All,
I shall be qualifying for my ILR next month and my query is regarding my child.
My child was born in the UK and for some unforeseen reasons I had to send him to my home country when he was 1 yr old (Hence applied for my home country passport so that he can travel to my home country). He was nurtured over there until he was just over 2 yrs.
I got his entry clearance and he came back to the UK a year ago. Ever since, he’s been living with us. My query is do I need to apply for ILR for him or can I wait for my ILR to be issued and apply for his British Nationality?
My local Citizen Bureau Advisor has suggested that I have two options 1. To apply for ILR only if I have any plans to travel in the near future (which is very unlikely). 2. To wait for my ILR & straight away apply for his British Nationality (which would be more economical).
The twist is I rang the home office this afternoon and the guy on the other side told me that I need to apply for his ILR and then go for MN1 application.
@Experts: I’d be thankful, If you could shed some light on this.
Many Thanks
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linkers
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by linkers » Fri Aug 24, 2012 3:59 pm
You can wait for your ILR and then directly apply for his British Nationality using MN1 form.
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Damanisshallo
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by Damanisshallo » Tue Sep 04, 2012 1:48 pm
linkers wrote:You can wait for your ILR and then directly apply for his British Nationality using MN1 form.
Not that I discard your suggestion but would you be able to support your suggestion with authentic citation (May be Home Office Document reference). Only to be 100% sure that I am doing the right thing.
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SameerBhagawatUk
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by SameerBhagawatUk » Tue Sep 04, 2012 3:11 pm
Damanisshallo wrote:linkers wrote:You can wait for your ILR and then directly apply for his British Nationality using MN1 form.
Not that I discard your suggestion but would you be able to support your suggestion with authentic citation (May be Home Office Document reference). Only to be 100% sure that I am doing the right thing.
Go to this link
http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf
and then look at section 1 (3) on page 9 to verify what has been suggested to you
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Damanisshallo
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by Damanisshallo » Tue Sep 04, 2012 3:40 pm
The below Question in MN1 has a date field to be filled in. Am i supposed to leave it blank as my son has never been issued with an ILR however, he's got a LLR until end of Dec this yr???
1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an
EEA national, a Swiss national or a family member of an EEA or Swiss national you should ensure that they
qualify for permanent residence
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linkers
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by linkers » Tue Sep 04, 2012 4:56 pm
It say's 'if' and when. So you can leave it blank.
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arifahmmed
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by arifahmmed » Wed Sep 05, 2012 2:03 am
Hi Linkers,
My child was born (15/2/ 2010) in UK Just after my 1st extension (10/12/2009) from hsmp to tier 1. At that moment I could not get any dependable suggestion from anybody (I did not aware about this forum that moment). On my Tier1 extension letter they said any changes I must notify to them. So I took decision my self and applied for her passport from my home country Hicommission and and apply UKBA for tier1 dependant for her. They granted and stamp on her passport Tier 1 dependant visa which expiry date is same with my tier 1 expiry date.
Now this is time for apply ILR. Shall I count her depandent (like my other two childer who were Hsmp dependant, now tier 1 depandant) and fill her details on section 2 (SET O form DEPENDANTS WHO ARE ALSO APPLYING). Also Section 11A the said to submit Birth certificate/s of any dependant/s listed in section 2 who were born in the United Kingdom.
Anysuggestion oplease.
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vivekmarwah
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by vivekmarwah » Wed Sep 05, 2012 9:14 am
Dear All,
The guidance at
http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf
states
"Children born in the UK - Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens."
Does it means that in my ILR application i do not need to add my second child who was born in UK. Her Visa is also expiring with us. But it might be cost efficient if we do not add her and then apply for her naturalization after ILR.
Appreciate your help.
Kind Regards
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wpilr_nov12
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by wpilr_nov12 » Wed Sep 05, 2012 9:28 am
vivekmarwah wrote:Dear All,
The guidance at
http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf
states
"Children born in the UK - Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in
the UK or become British citizens."
Does it means that in my ILR application i do not need to add my second child who was born in UK. Her Visa is also expiring with us. But it might be cost efficient if we do not add her and then apply for her naturalization after ILR.
Appreciate your help.
Kind Regards
That would be my understanding too...
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linkers
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by linkers » Wed Sep 05, 2012 3:37 pm
arifahmmed: if your child was born in UK, you don’t need to add him/her in your ILR (unless you have urgent travel plans). Once you get your own ILR, you can register the UK born child as a British Citizen using form MN1.
Your other children, who were born outside the UK, need to apply for their ILR with you.
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sufferhead
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by sufferhead » Wed Sep 05, 2012 6:58 pm
linkers wrote:arifahmmed: if your child was born in UK, you don’t need to add him/her in your ILR (unless you have urgent travel plans). Once you get your own ILR, you can register the UK born child as a British Citizen using form MN1.
Your other children, who were born outside the UK, need to apply for their ILR with you.
If you are still unsure about registering a child born in UK as a British Citizen wait until you get your ILR and check the UKBA Note that comes with your ILR Approval Letter.
nothing united in United Nation.