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child born abroad to settled person

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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jehangirtajik
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Joined: Mon Aug 08, 2016 7:09 pm

child born abroad to settled person

Post by jehangirtajik » Mon Aug 08, 2016 7:56 pm

Hi everyone

i need some help regarding my daughter's naturalization or registration.

she was born on 02/02/09 in Pakistan and at that time i was on PSW (post study work) then i got ILR on 17/11/10 and applied for
my daughter and my wife's dependent visa which they got on 20/11/11 and entered in UK on 20/01/12.

on 13/06/12 i got British citizenship.

its been 4 and a half years in total she has been living with me and 4 years and a month after i got British Citizenship. her dependent visa is expiring on 4th of Oct/16.

before that i want to apply her registration to British citizen.

My question is can i fill form MN1 under section 3(5).

any response would be great.

thank you

noajthan
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Location: UK

Re: child born abroad to settled person

Post by noajthan » Mon Aug 08, 2016 7:59 pm

Mother and child need ILR first.
Then shoot for registration for child.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: child born abroad to settled person

Post by secret.simon » Mon Aug 08, 2016 8:22 pm

jehangirtajik wrote: My question is can i fill form MN1 under section 3(5).
No. One of the requirements for registration under Section 3(5) is that the parent is a British citizen by descent at the time of birth of the child. As you got your citizenship by naturalisation, you are a British citizen otherwise than by descent.

Your daughter can be registered under Section 3(1), but the current expectation for such registration is that both mother and daughter must have ILR before that, as noajthan advised.

Till that time, your daughter should be on the same visa status as its mother.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: child born abroad to settled person

Post by noajthan » Mon Aug 08, 2016 8:28 pm

Plenty of failures reported here from sadder but eventually wiser parents who had begrudged (and tried to skip) the ILR fee for junior 'kid'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jehangirtajik
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Posts: 2
Joined: Mon Aug 08, 2016 7:09 pm

Re: child born abroad to settled person

Post by jehangirtajik » Mon Aug 08, 2016 10:15 pm

thank you everyone for your kind reply.

in that case i may ask another question as my wife and daughter has completed 4 1/2 years as my spouse.

and they entered on 20/01/12 on spouse visa. after passing life in UK test is my wife eligible to apply for ILR?

so could apply for both my wife and daughter.


its only because some people telling me that they have to complete 5 years with me in UK.

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CR001
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Re: child born abroad to settled person

Post by CR001 » Mon Aug 08, 2016 10:26 pm

If they have had Dep visa since arriving in the UK in Jan 2012, they fall under the pre 9 July 2012 rules which means they only need 2 years residence.

You can apply for wife and child at the same time on one Set(O) form.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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