MN1 Applied 3(1) But Visa Expires on Aug 11

[KMVT]

Dear Team,

Please could you tell me your opinion on what should I do in this scenario please. I got ILR recently and my 2 dependent children on still under my previous Tier2 visa category. My husband is on his work visa.

I have applied for British registration for both of them on June 12th on the hope that I may get some positive response before end of August atleast (meaning they can be legally here with in 28days period after Visa expiry on 11th of Aug).

Problem is my children Visa is expiring on August 11 2017.

My daughter (2years old) born in UK, so she will be eligible for registering as British under Section 1(3). However My Son born outside UK, 8years old who is living in UK for the past 6years as my dependent. I applied for him on the understanding/expectation that since he spent most of his life in UK he will be able to register as British. But there is no concrete rule that he should get it. If he is not getting the MN1 success then his immigration status would be turning illegal. Now I started panicking that I may not get their registration certificate before end of August, so to preserve his legal stay here I booked for Premium Service under SET(F), so he can get ILR first and can apply British passport next.

My worry is, will I be even able to enter the Croydon office without his passport? If No, how could I get my Son's passport without affecting his current MN1 application. Please could you help me.

Thanks,
KMVT.

[CR001]

However My Son born outside UK, 8years old who is living in UK for the past 6years as my dependent. I applied for him on the understanding/expectation that since he spent most of his life in UK he will be able to register as British. But there is no concrete rule that he should get it. If he is not getting the MN1 success then his immigration status would be turning illegal. Now I started panicking that I may not get their registration certificate before end of August, so to preserve his legal stay here I booked for Premium Service under SET(F), so he can get ILR first and can apply British passport next.

He doesn't qualify for Citizenship and it is almost certainly a refusal and loss of the fee you paid.

Children born abroad need ILR and will only qualify for Citizenship when EITHER parent is applying or already is British and the other parent holds ILR.

Unlikely that you will get a decision on the day at the premium centre if you don't have his passport or your ILR BRP and passport.

[KMVT]

Thank you for your response CR001. I would be okay to receive his decision later. However concerned about his preserving Visa status and no black mark as Visa refusal history.

Is there anyway to get the passport prior the my date of Premium appointment which is on Sep 4th. 3weeks away now.

[CR001]

Withdraw the MN1 application for the child born abroad and request documents urgently?