Re: Born-abroad child w/o ILR - MN1 3(1) refused

[noajthan]

That's always been an option. However settled status is clearly advisable.
The 3(1) application is (always) discretionary. Discretion of Home Secretary may go either way.

Caseworkers do not work in an ad hoc way and are not keen on creating precedents that would drive a coach and horses through BNA. They follow guidelines which are in the public domain.
Older teens in particular have special provisions applied to them.

This has all been explained in the other posts you have made.

Going to church is unlikely to cut the mustard. On the other hand, having a chosen (and documented) ambition and a planned career path that is predicated on being a British citizen may help the cause.

Indeed.

[BIG Dobby]

That's always been an option. However settled status is clearly advisable.
The 3(1) application is (always) discretionary. Discretion of Home Secretary may go either way.

Caseworkers do not work in an ad hoc way and are not keen on creating precedents that would drive a coach and horses through BNA. They follow guidelines which are in the public domain.
Older teens in particular have special provisions applied to them.

This has all been explained in the other posts you have made.

Going to church is unlikely to cut the mustard. On the other hand, having a chosen (and documented) ambition and a planned career path that is predicated on being a British citizen may help the cause.

Indeed.

You are right! I have told you it's left for those who are not satisfied to challenge the decision.

The only issue I have relating to ALI97 is his children are not on settlement visa but on point-based visas. But that does not mean the Secretary of State will consider not to exercise her wide discretion on his kids.

Just like ALI97 is taking a chance, I would gladly do same. Refusal is possible though unlikely and he stands the chance to challenge it by applying for reconsideration as his kids are qualified for ILR (since both parents are BC) to judicial review or put in reconsideration then apply for ILR.

All these are capital ventures or money-generating machines to overload public coffers. That was y I asked anyone who doesn't have ILR to come out openly to fight or wait n apply for ILR first as it is discretionary (it can go either way)

[BIG Dobby]

The 3(1) application is (always) discretionary. Discretion of Home Secretary may go either way.

Older teens in particular have special provisions applied to them.

Indeed.

Minors are minors even though from age 10 certain rules apply according to HO policy; it is left for those who are not satisfied to bring the matter to the courts (date of application being very material to such cases).

I won't go any further than this as I was very prepared to take my case to any level n I was so certain of victory

[noajthan]

Minors are minors even though from age 10 certain rules apply according to HO policy; it is left for those who are not satisfied to bring the matter to the courts (date of application being very material to such cases).

I won't go any further than this as I was very prepared to take my case to any level n I was so certain of victory

Members are expected to do own research rather than expecting to be spoon-fed, after all they have skin in the game.
As I did when I did all this a couple of years back.

Hence what I provide is edited highlights, as time allows, rather than reciting legal clauses chapter and verse (which are in any case available in public domain).