Born abroad child without ILR

[noajthan]

The only certainty (as per the relevant statute) is that registration of a foreign-born child is at the Home Secretary's discretion.

In some cases (for example, when the child or a parent is not settled and thus free from immigration time restrictions) this can mean discretion on discretion on discretion.

Even a British sibling will not necessarily seal it.

9.17.12
An application which falls outside these criteria should not normally be approved, even if there are British citizen siblings or siblings with
entitlements to registration as a British citizen, unless we are satisfied that registration would be in the child's best interests

https://www.gov.uk/government/uploads/s ... 150402.pdf

It's hard to see the logic behind a conviction that threats of a PAP or JR will turn discretion into entitlement.

[BIG Dobby]

It's OK... I will prove myself right by applying... showing u each stage till final decision...

[noajthan]

It's OK... I will prove myself right by applying... showing u each stage till final decision...

It won't prove anything except that discretion can be applied - and that you want your day in court.
And those two things are very clearly known and self-evident already

Similarly, we have seen members with good cases on paper who have been refused naturalisation;
whereas others, (only the odd one), with appalling immigration histories, who do get citizenship in the end.

Again it proves nothing except that mitigating circumstances are considered and discretion can be applied (in certain limited areas).
They are the exceptions that prove the existence of the rule, if you will.

What is more of a concern is that you are encouraging other members to mount extremely expensive legal action ahead of your case, why is that?
is it to test the water and/or to generate a history of test cases (at their expense) ahead of your time?

And even if one person wins or loses a case the same outcome is not guaranteed for the next case as its all about the discretionary registration of a minor. (HO is known to be very cautious about creating precedents).

[CR001]

It's OK... I will prove myself right by applying... showing u each stage till final decision...

Apply and keep us updated of progress. Please stop digging up and posting multiple times like this, banging on about this 'discretionary' aspect, in old threads though. Most of us are aware of it and have been for a long time already, you are not teaching an old dog a new trick.

[BIG Dobby]

It's OK... I will prove myself right by applying... showing u each stage till final decision...

Apply and keep us updated of progress. Please stop digging up and posting multiple times like this, banging on about this 'discretionary' aspect, in old threads though. Most of us are aware of it and have been for a long time already, you are not teaching an old dog a new trick.

Application has been made. Expecting the outcome! I feel certain wave of uncertainty over it but I am confident I will pull through. If you dont have the wherewithal for this application including large documentary evidence, PLEASE DO NOT APPLY until as such you meet HO policy requirement for granting discretionary application.

Application type: MN1 Sec 3(1) Child not settled, Mother not settled, and father BC>>>> see timeline for update