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MN1 Referee Problem

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

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Samkumar123
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Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Wed Sep 20, 2017 6:36 pm

Dear forum experts

I sincerely apologize if this questions are answered already ..I was in a quick hurry to know the answers. sorry for that

I have applied my ILR on 16th June 2017 and it was granted only on 18th September 2017 ( after some queries) .. My child was born on 20th July 2017.

Is she directly eligible to apply British passport based on date I applied ?
or Do I need to apply dependent ILR for her ?
If I can apply MN1 etc, when can I apply British passport for her ?

Thank you very much for replies. I really appreciate your answers

Sambath

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Wed Sep 20, 2017 7:42 pm

Is she directly eligible to apply British passport based on date I applied ?

No, only a British citizen can apply for a British passport and your child is not a British citizen.
or Do I need to apply dependent ILR for her ?
No, not if born in the UK.
If I can apply MN1 etc, when can I apply British passport for her ?
You only get a passport once British citizenship is approved. You can apply for MN1 and passport jointly through NCS at the council.
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Wed Sep 20, 2017 10:10 pm

Many thanks for the quick replies.....you put my mind in rest ...
thanks again
I will apply both MN1 and passport together...
I was under impression that as my child is born before I was granted ILR, she will not be eligible to for British citizenship and passport ..but you clarified me thanks a lot

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by JAJ » Thu Sep 21, 2017 12:14 am

Samkumar123 wrote:
Wed Sep 20, 2017 10:10 pm
I was under impression that as my child is born before I was granted ILR, she will not be eligible to for British citizenship
She is eligible for British citizenship if an application is made (before age 18, good character after age 10, etc.). However, she is not automatically a British citizen.

Once she is registered as a British citizen, she is eligible to have a British passport.
This is not intended to be legal or professional advice in any jurisdiction.

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 9:15 am

JAJ wrote:
Thu Sep 21, 2017 12:14 am
Samkumar123 wrote:
Wed Sep 20, 2017 10:10 pm
I was under impression that as my child is born before I was granted ILR, she will not be eligible to for British citizenship
She is eligible for British citizenship if an application is made (before age 18, good character after age 10, etc.). However, she is not automatically a British citizen.

oh this means, that I have wait till she reaches age 10 ? etc.,

Once she is registered as a British citizen, she is eligible to have a British passport.
is registering MN1 is successful, she is registered as British Citizen ..right?

Sorry I could be a dumb in asking as I have zero knowledge on how to proceed ..thats why asking...excuse me if these are very basic stuff to be known

thanks a lot replying

Sambath

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 11:58 am

is registering MN1 is successful, she is registered as British Citizen ..right?
Yes.
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 12:52 pm

CR001 wrote:
Thu Sep 21, 2017 11:58 am
is registering MN1 is successful, she is registered as British Citizen ..right?
Yes.
Hi Dear , many thanks for the reply ...but it is bit strange today..I called the NCS Hounslow for MN1 registration ..and they told me that if I lived 5 years and even i was granted ILR after the two months of child birth, then I can apply British passport directly and no need to get MN1...
I told them , I had more than 6 months of gap during the 5 year period , but it was justifiable and HO accepted that and granted me ILR...inspite of this gap, can I apply directly BP for daughter and they said "yes" and no need to apply MN1...I am really bit confused :(

On the other hand, one of known friends told me this morning, as the ILR was granted after the child is born( even if it is just a month etc., ) she cant become a BC via what ever the process...and he asked me apply Indian passport for her and then dependent ILR ..:( once I apply and get my BP ( next year) then only I can apply BP for her.....I didnt completly agree to himm..but he was mentioning this to me...

I am sorry guys really....as I said I am really clueless in this area ....thats why replying/asking again and again in this thread..



Second query:

My elder son who was born in India , came to UK via dependent Tier 1 when he was two years old and now he is 4.5 years old.
What is the procedure for him? As I got my ILR , I need to apply dependent ILR for him and once he stay another 3 years , then he need to apply ILR , followed by BP? ( same case with my wife ??)
As he is less than 18 years Old, can I apply MN1 for him or as he is born in India ..he is not eligible to be applied for MN1 and BP?

I am really indebted to thank you all guys for your help please

Sambath

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 6:13 pm

Hi Dear , many thanks for the reply ...but it is bit strange today..I called the NCS Hounslow for MN1 registration ..and they told me that if I lived 5 years and even i was granted ILR after the two months of child birth, then I can apply British passport directly and no need to get MN1...
I told them , I had more than 6 months of gap during the 5 year period , but it was justifiable and HO accepted that and granted me ILR...inspite of this gap, can I apply directly BP for daughter and they said "yes" and no need to apply MN1...I am really bit confused :(
It is important to note that NCS are not immigration advisors.

Also, if you used the term "PR", or they misubderstood you, they would assume you are an EU citizen and their advice would be fairly accurate.

As your daughter was born before you got ILR she must register as British first. She cannot apply for a passport directly because she is not British yet.
On the other hand, one of known friends told me this morning, as the ILR was granted after the child is born( even if it is just a month etc., ) she cant become a BC via what ever the process...and he asked me apply Indian passport for her and then dependent ILR ..:( once I apply and get my BP ( next year) then only I can apply BP for her.....I didnt completly agree to himm..but he was mentioning this to me...
Your friend is talking nonsense. If the child was born in the UK she has an entitlement to register on MN1 as soon as either parent is granted ILR.
Second query:
My elder son who was born in India , came to UK via dependent Tier 1 when he was two years old and now he is 4.5 years old.
What is the procedure for him? As I got my ILR , I need to apply dependent ILR for him and once he stay another 3 years , then he need to apply ILR , followed by BP? ( same case with my wife ??)
As he is less than 18 years Old, can I apply MN1 for him or as he is born in India ..he is not eligible to be applied for MN1 and BP?
He requires ILR which he can aoply for with your spouse. Children born abroad require ILR first and will only qualify for citizenship when either parent applies or already has citizenship.
Child and spouse can continue on tier 1 dependent until they qualify for ILR. No need to change their visas to ILR dependent, which will reset their clocks to zero and a new 5 year residence period.
Char (CR001 not Casa)
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 8:14 pm

CR001 wrote:
Thu Sep 21, 2017 6:13 pm
Hi Dear , many thanks for the reply ...but it is bit strange today..I called the NCS Hounslow for MN1 registration ..and they told me that if I lived 5 years and even i was granted ILR after the two months of child birth, then I can apply British passport directly and no need to get MN1...
I told them , I had more than 6 months of gap during the 5 year period , but it was justifiable and HO accepted that and granted me ILR...inspite of this gap, can I apply directly BP for daughter and they said "yes" and no need to apply MN1...I am really bit confused :(
It is important to note that NCS are not immigration advisors.

Also, if you used the term "PR", or they misubderstood you, they would assume you are an EU citizen and their advice would be fairly accurate.

As your daughter was born before you got ILR she must register as British first. She cannot apply for a passport directly because she is not British yet.

Many thanks ..you made it very clear..I will proceed with MN1 registration first and followed by passport..thanks a lot
On the other hand, one of known friends told me this morning, as the ILR was granted after the child is born( even if it is just a month etc., ) she cant become a BC via what ever the process...and he asked me apply Indian passport for her and then dependent ILR ..:( once I apply and get my BP ( next year) then only I can apply BP for her.....I didnt completly agree to himm..but he was mentioning this to me...
Your friend is talking nonsense. If the child was born in the UK she has an entitlement to register on MN1 as soon as either parent is granted ILR.
Ok fine...I will ignore him..thanks for clarifying again .
Second query:
My elder son who was born in India , came to UK via dependent Tier 1 when he was two years old and now he is 4.5 years old.
What is the procedure for him? As I got my ILR , I need to apply dependent ILR for him and once he stay another 3 years , then he need to apply ILR , followed by BP? ( same case with my wife ??)
As he is less than 18 years Old, can I apply MN1 for him or as he is born in India ..he is not eligible to be applied for MN1 and BP?
He requires ILR which he can aoply for with your spouse. Children born abroad require ILR first and will only qualify for citizenship when either parent applies or already has citizenship.
Child and spouse can continue on tier 1 dependent until they qualify for ILR. No need to change their visas to ILR dependent, which will reset their clocks to zero and a new 5 year residence period.
Well, both my wife and son entered UK from may 2015 and their dependent Tier 1 visa is valid till march 2018 ( they would have spent only 3 years roughly ) But post which they need dependent ILR to stay for 2 more years right? Then clubbing 3 years on dependent tier 1 and 2 years on dependent ILR, they can apply ILR right ( may be by 2020 etc) but I will be applying my British passport anyway by next year oct 2017.

Is my understanding correct ?

thanks a lot
Sambath

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 8:19 pm

Samkumar123 wrote:
Thu Sep 21, 2017 8:14 pm
Well, both my wife and son entered UK from may 2015 and their dependent Tier 1 visa is valid till march 2018 ( they would have spent only 3 years roughly ) But post which they need dependent ILR to stay for 2 more years right? Then clubbing 3 years on dependent tier 1 and 2 years on dependent ILR, they can apply ILR right ( may be by 2020 etc) but I will be applying my British passport anyway by next year oct 2017.

Is my understanding correct ?

thanks a lot
Sambath
No, your understanding is NOT correct. They cannot combine time spent on Tier 1 and time spent on ILR dependent. They must have 5 years on EITHER Tier 1 dependent OR 5 years on ILR Dependent visa. They can apply for an extension as Tier 1 dependent. The rules allow this. It will a 3 year extension. See link below.

immigration-for-family-members/dependan ... 14832.html
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 8:37 pm

CR001 wrote:
Thu Sep 21, 2017 8:19 pm
Samkumar123 wrote:
Thu Sep 21, 2017 8:14 pm
Well, both my wife and son entered UK from may 2015 and their dependent Tier 1 visa is valid till march 2018 ( they would have spent only 3 years roughly ) But post which they need dependent ILR to stay for 2 more years right? Then clubbing 3 years on dependent tier 1 and 2 years on dependent ILR, they can apply ILR right ( may be by 2020 etc) but I will be applying my British passport anyway by next year oct 2017.

Is my understanding correct ?

thanks a lot
Sambath
No, your understanding is NOT correct. They cannot combine time spent on Tier 1 and time spent on ILR dependent. They must have 5 years on EITHER Tier 1 dependent OR 5 years on ILR Dependent visa. They can apply for an extension as Tier 1 dependent. The rules allow this. It will a 3 year extension. See link below.

immigration-for-family-members/dependan ... 14832.html
Many thanks again :) just a layman question again..my tier - 1 is cancelled now as I have been granted ILR, still they would be able to go for dependent Tier -1 extension ? sorry wondering how ..with reference to what dependency they will get tier -1 dependent visa ..But thanks a lot for clarifying that they cannot combine time spent on tier 1 and time spent on ILR dependent...things are getting clear to me
really thanks :)

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 8:42 pm

my tier - 1 is cancelled now as I have been granted ILR, still they would be able to go for dependent Tier -1 extension ?
Yes, the rules allow this, as the link I have provided says.
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 9:08 pm

CR001 wrote:
Thu Sep 21, 2017 8:42 pm
my tier - 1 is cancelled now as I have been granted ILR, still they would be able to go for dependent Tier -1 extension ?
Yes, the rules allow this, as the link I have provided says.
Many thanks CR001:) let both my wife and son , stay in dependent Tier 1 till march 2018 , then I will apply extension for them thanks a lot for clarifying many thanks

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 9:43 pm

Samkumar123 wrote:
Thu Sep 21, 2017 9:08 pm
CR001 wrote:
Thu Sep 21, 2017 8:42 pm
my tier - 1 is cancelled now as I have been granted ILR, still they would be able to go for dependent Tier -1 extension ?
Yes, the rules allow this, as the link I have provided says.
Many thanks CR001:) let both my wife and son , stay in dependent Tier 1 till march 2018 , then I will apply extension for them thanks a lot for clarifying many thanks
Definitely the quickest route for them to get ILR.

Feel free to ask any further questions you might have.
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 9:57 pm

CR001 wrote:
Thu Sep 21, 2017 9:43 pm
Samkumar123 wrote:
Thu Sep 21, 2017 9:08 pm
CR001 wrote:
Thu Sep 21, 2017 8:42 pm
my tier - 1 is cancelled now as I have been granted ILR, still they would be able to go for dependent Tier -1 extension ?
Yes, the rules allow this, as the link I have provided says.
Many thanks CR001:) let both my wife and son , stay in dependent Tier 1 till march 2018 , then I will apply extension for them thanks a lot for clarifying many thanks
Definitely the quickest route for them to get ILR.

Feel free to ask any further questions you might have.
sure ..many thanks ..one last question: Once I apply MN1, and British passport together and hopefully after we got ...can I apply OCI ( overseas citizen of India) card ? coz somewhere I read that , if I want to apply OCI card for my kid, then either of the parents need to be British citizen and hold OCI card for themselves... I just got ILR and after an year only will BP and OCI card ..so wondering how to handle this situation.
Also we have plans to go vacation this december to India ...so she may need either the OCI card for travel right ? could you please throw some light on this dear ? thanks a lot

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by CR001 » Thu Sep 21, 2017 10:01 pm

I am not familiar with Indian processes and applications.

Please ask OCI questions in the 'Other Countries' sub forum further down the main page of the forum. There are many topics and links to information.
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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Thu Sep 21, 2017 10:07 pm

CR001 wrote:
Thu Sep 21, 2017 10:01 pm
I am not familiar with Indian processes and applications.

Please ask OCI questions in the 'Other Countries' sub forum further down the main page of the forum. There are many topics and links to information.
Many thanks will check those links ...thanks again

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by JAJ » Fri Sep 22, 2017 3:47 am

JAJ wrote:
Thu Sep 21, 2017 12:14 am
She is eligible for British citizenship if an application is made (before age 18, good character after age 10, etc.). However, she is not automatically a British citizen.
Samkumar123 wrote:
Wed Sep 20, 2017 10:10 pm
oh this means, that I have wait till she reaches age 10 ? etc.,
She's eligble if you apply today.

If you wait until she is 10- then the Home Office may refuse her application if she is not deemed of good character. Unusual- but teenagers do get into trouble with the law/police sometimes.

If you wait until after she is 18- then this particular entitlement to British citizenship lapses. There's another thread on the forum right now- concerning a case in the 1980s- where this occurred.


Regarding the advice received from NCS- as others have noted, it's wrong. Your daughter needs to be registered as a British citizen. Then she can have a British passport. Your friend's advice if given as you state- is also incorrect. You can read the MN1 requirements for yourself at:
https://www.gov.uk/government/publicati ... n-form-mn1
This is not intended to be legal or professional advice in any jurisdiction.

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Re: Child born just before 2 months of ILR grant - eligible for BP?

Post by Samkumar123 » Fri Sep 22, 2017 9:09 am

JAJ wrote:
Fri Sep 22, 2017 3:47 am
JAJ wrote:
Thu Sep 21, 2017 12:14 am
She is eligible for British citizenship if an application is made (before age 18, good character after age 10, etc.). However, she is not automatically a British citizen.
Samkumar123 wrote:
Wed Sep 20, 2017 10:10 pm
oh this means, that I have wait till she reaches age 10 ? etc.,
She's eligble if you apply today.

If you wait until she is 10- then the Home Office may refuse her application if she is not deemed of good character. Unusual- but teenagers do get into trouble with the law/police sometimes.

If you wait until after she is 18- then this particular entitlement to British citizenship lapses. There's another thread on the forum right now- concerning a case in the 1980s- where this occurred.


Regarding the advice received from NCS- as others have noted, it's wrong. Your daughter needs to be registered as a British citizen. Then she can have a British passport. Your friend's advice if given as you state- is also incorrect. You can read the MN1 requirements for yourself at:
https://www.gov.uk/government/publicati ... n-form-mn1
Many thanks for making the things clear ...thanks a lot

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MN1 Referee Problem

Post by Samkumar123 » Mon Oct 16, 2017 11:44 am

Dear all
I recently been granted ILR last month and my baby born on July this year. So applying MN1 and BP same time.
I am finding difficulty in getting references in MN1 application... none are willing ( checked with GP, nurses,pharmacist etc;, ) I live this area for more than 5 years now ..not sure what to do now and how to handle this situation. I live in hounslow ( west london)
Can somebody advice me or help with please..
I am really indebted to thank you for all the help

Thanks
Sambath

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Re: MN1 Referee Problem

Post by CR001 » Mon Oct 16, 2017 11:47 am

Personal licence holder (off licence shop owner), minister of religion, health visitor......
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