MN1 application - child born abroad

[Mechili]

My child was born outside the uk (USA ) has come in to the uk on us passport on 6 months.
I am British by decent and my wife has ILR.

We are planning to apply MN1 for my child while also apply for citizen for my wife, within my child's 6 month visa on us passport.

Question : is could my child apply while under temporal admission(us passport visa) ???????

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

Kindly refrain from multiple repeated posts of same question across forum. This one will do.

When a member is available they may be able to reply.
Stand by.

Ref Multiple Posts

[noajthan]

@Mechili,

Kindly refrain from repeated multiple posts of same question all over forum.

It is the middle of night in Western Europe.
When someone wakes up and feels able to reply they will surely do so.

Until then - stand by.

Ref Multiple Posts

[vinny]

As you are a parent British by descent, under what Section are you applying for child?

3(1) - child may require ILE or ILR (should explain change of circumstances);
or 3(2) - you require at least 3 years residence in UK before child's birth, etc.;
or 3(5) - child requires at least 3 years residence.

[ohara]

3(1) is discretionary and risky as the child is expected to have ILR (there have been refusals on here for applications where the child does not have ILR, although conversely some have succeeded). Will lead to child being British otherwise than by descent.

3(2) is an entitlement but requires you to have lived in the UK for at least 3 years (with no more than 270 days absence in that period) before the child was born. Will lead to child being British by descent.

3(5) is also an entitlement and requires the child and both parents (unless legally separated) to have lived in the UK for at least 3 years (with no more than 270 days absence in that period) before applying. Consent of both parents is required (unless legally separated). Will lead to child being British otherwise than by descent.

The cost of the application is is £936. In your case I imagine a 3(2) application would be the best bet assuming you meet the residency requirements, as it's an entitlement rather than a discretionary decision and would presumably be processed faster.

[Mechili]

As you are a parent British by descent, under what Section are you applying for child?

3(1) - child may require ILE or ILR (should explain change of circumstances);
or 3(2) - you require at least 3 years residence in UK before child's birth, etc.;
or 3(5) - child requires at least 3 years residence.

thank you for that,

The delemma is the Baby who is only 1 month old with US general visa permit, in the UK.
Would temporal permit effect either of the routes, 3(1) and or 3(2)
Basically can one switch from temporal visa to BC?????

My wife can apply on 3(1), as person who is also appliying of BC on AN form, after having ILR in the last five years, (only needed 3yrs to qaulify). this will be a family group application. meaning my wife will end up with BC otherwise by decent and me with BC by decent. which we hope will support the baby on 3(1)concurrantly.

Equally, I can apply on 3(2) as the british by decent perant, who meets all residence in the last 3 years, as i live here and have not travelled much.

I am trying to understand if i need to apply for and switching to "Joining family member settled in UK" visa for the baby first, (normally 2yr) visa before applying under the 3(1) or 3(2) options. ?????

not sure the baby can get ILR directly under our circumtances.

[CR001]

I am trying to understand if i need to apply for and switching to "Joining family member settled in UK" visa for the baby first, (normally 2yr) visa before applying under the 3(1) or 3(2) options. ?????

A person in the UK on a visitors visa is not permitted to 'switch' to any other visa route. It is a 5 year visa, not 2 years. Likely child will be granted ILE (indefinite leave to enter) anyway.

If you meet the requirements for a 3(2) application, then this would make sense.

[noajthan]

A viable alternative appears to be to live with child in UK for 3 years and then 3(5) becomes an option too (for the child);
granting citizen other than by descent.

(If only just born what's the rush - any real need?).

[ohara]

As you are a parent British by descent, under what Section are you applying for child?

3(1) - child may require ILE or ILR (should explain change of circumstances);
or 3(2) - you require at least 3 years residence in UK before child's birth, etc.;
or 3(5) - child requires at least 3 years residence.

thank you for that,

The delemma is the Baby who is only 1 month old with US general visa permit, in the UK.
Would temporal permit effect either of the routes, 3(1) and or 3(2)
Basically can one switch from temporal visa to BC?????

My wife can apply on 3(1), as person who is also appliying of BC on AN form, after having ILR in the last five years, (only needed 3yrs to qaulify). this will be a family group application. meaning my wife will end up with BC otherwise by decent and me with BC by decent. which we hope will support the baby on 3(1)concurrantly.

Equally, I can apply on 3(2) as the british by decent perant, who meets all residence in the last 3 years, as i live here and have not travelled much.

I am trying to understand if i need to apply for and switching to "Joining family member settled in UK" visa for the baby first, (normally 2yr) visa before applying under the 3(1) or 3(2) options. ?????

not sure the baby can get ILR directly under our circumtances.

British citizenship is not a visa, so there's no "switching" to it.

If your wife is over 18 she should apply under 6(2) as the spouse of a British citizen on form AN (MN1 registration is for minors only).

All naturalisations via form AN will result in citizenship otherwise than by descent.

[ouflak1]

My child was born outside the uk (USA ) has come in to the uk on us passport on 6 months.
I am British by decent and my wife has ILR.

Out of curiosity, how were you able to explain this to the border agent? Since the child is not a citizen, I would have thought you would have faced some scrutiny. I've had awkward questions asked when entering with my child and that was for a child that was born in the UK and had ILR. Did they just waive you through? Did you consider applying for ILE before you returned? If not, why not? That would have made this situation practically an exercise in paperwork and nothing more.

We are planning to apply MN1 for my child while also apply for citizen for my wife, within my child's 6 month visa on us passport.

There doesn't seem to be a category that fits. 3(1) might be the closest, but recently it seems that they are now only approving registrations if the child has ILR/ILE. A lot of the success stories are now dated, and even several of those are after long fought expensive appeals and JR's.

A viable alternative appears to be to live with child in UK for 3 years and then 3(5) becomes an option too (for the child); granting citizen other than by descent.

But wouldn't that mean that the child would be an overstayer liable for deportation? I know that's unlikely for the child, but that sure does seem risky. Unless you meant that they leave and return with the child applying for ILE? In which case I agree, that would wrap this up nicely into a easy path straight forward.

[noajthan]

...

A viable alternative appears to be to live with child in UK for 3 years and then 3(5) becomes an option too (for the child); granting citizen other than by descent.

But wouldn't that mean that the child would be an overstayer liable for deportation? I know that's unlikely for the child, but that sure does seem risky. Unless you meant that they leave and return with the child applying for ILE? In which case I agree, that would wrap this up nicely into a easy path straight forward.

Yes, indeed - regularise the visa status as appropriate. (Don't overstay on a visit visa ever, boys and girls; I didn't mean that!).

3(5) would appear to be a good investment of 3 years in terms of future benefit of citizenship other than by descent.

[Mechili]

what i mean by switching is "with USA passport the baby can be here for 6 months max"

and to stay longer he need ext visa or something right. ie ILR

I am BC by decent since 1995, lived here permanently since 1995,
My wife Lives with me since 2010, has ILR since 2011.
My first Child is BC by brith (born in the UK)
(the new baby is only on USA Passport as that was the qiuckest way to gain a travel doc for my wife to return to UK with the baby after travelling to the USA and subsequently having the baby there. (not really planned))

I cant risk the baby becoming an overstayer on usa passport visa after 6 months. either ILR or BC.

so do I apply for the MN1 3(2) under my baby's 6 months visa, or apply to switch to a ‘family of a settled person’ visa before applying for the MN1

[ouflak1]

what i mean by switching is "with USA passport the baby can be here for 6 months max"

and to stay longer he need ext visa or something right. ie ILR

I am BC by decent since 1995, lived here permanently since 1995,
My wife Lives with me since 2010, has ILR since 2011.
My first Child is BC by brith (born in the UK)
(the new baby is only on USA Passport as that was the qiuckest way to gain a travel doc for my wife to return to UK with the baby after travelling to the USA and subsequently having the baby there. (not really planned))

I cant risk the baby becoming an overstayer on usa passport visa after 6 months. either ILR or BC.

so do I apply for the MN1 3(2) under my baby's 6 months visa, or apply to switch to a ‘family of a settled person’ visa before applying for the MN1

'Switching' visas is not an option in any case. It sounds like your child qualifies under 3(2) since you have been resident in the UK for 3 years prior to the child's birth.