Child Born in the UK ILR/discretionary Leave?

[fmcool05]

I made Applications for my partner and child Born in the UK two years ago under my discretionary leave to remain but was refund. I reapplied last year for my partner and was granted this year after I got my ilr some months ago. Now I want to apply for my child. Am not sure if to apply for ilr or discretionary as she was Born here. Thanks

[vinny]

If your daughter was born in the UK after 1 July 2006, then she is entitled to register as a British citizen.

[fmcool05]

Thanks Vinny for your reply. Can you pls if you are able to direct me to which form to used, thanks.

[CR001]

Form MN1 for the child.

[fmcool05]

To clarify issues, for my 3 year old child it is form MN1. What form will I use for my 10 year old Born in the UK pls?

[vinny]

What's the Immigration history of the 10 year old?
Were/are you married to the child's other parent?
When was the child born?

[fmcool05]

I was not married to the father, she had 3yrs discretionary leave with mine which expired early sept this year. I only applied for my ilr in august as the child was turning 10 in late sept.

[vinny]

As the mother with ILR, the father's circumstances would be irrelevant to the child's entitlement. Child may also use MN1 form and apply under Section 1(3).

However, if the child (age 10 years or over) is an overstayer, then it's more complicated because of the Good Character requirements.

[fmcool05]

Thanks for your reply. So for the two Children I can use form MN1? Now I have just read something about living their first 10 years in the uk using form T which I think it is also applicable to my child as she was Born here in 2007 and never been out of the country. Still a bit confused.

[vinny]

The 10 year old has a choice of either option. But MN1 may be easier.

[fmcool05]

Thanks sooo much.

[fmcool05]

Another question pls? For the 10 year old child- do you think I should include the biometric card (expired) and the nigerian passport in the Application?
The 3 years old child- should her passport be included in the Application or not?

[vinny]

The form should say what they require.

[Obie]

However, if the child (age 10 years or over) is an overstayer, then it's more complicated because of the Good Character requirements.

That will be a but controversial. A 10 years old is criminally responsible in England, but in Scotland the age is 12. So imposing the criminal responsibility of England, all over the UK is wrong.

Secondly a 10 year old child who was born here cannot be subject to the overstaying conditions of good character, as firstly they are not in control of being here and can do nothing about it even if they wanted to, as they cannot get up and say dad and mum, I cannot be in the UK illegally, I am leaving and going overseas, they will not be allowed to do so and they simply cannot do so as a 10 years old however smart they are, are unlikely to know about immigration law.

Secondly it will make a mockery of the statutory provision and section 1(4), if a child is penalised from qualifying because they had no leave.

In any event the court recently ruled that children born here do not require leave and not living here unlawfully.

[vinny]

I agree. But it’s best to be prepared for the worst in this hostile environment.

In any event the court recently ruled that children born here do not require leave and not living here unlawfully.

Were you referring to (35-50)?

Paradoxically, a UK born child who has never applied for leave may be in a better position than one who has applied for leave and subsequently overstays.

The following may be informative:

Good character and applications for citizenship > Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin)
Hundreds of children refused British citizenship on character grounds > Applications by minors for registration as British Citizens
Refusal of a child’s British citizenship application on character grounds overturned > SA, R (on the application of SA) v Secretary of State for the Home Department [2015] EWHC 1611 (Admin)
Supreme Court finds British nationality law discriminatory, allows appeal on human rights grounds > R (on the application of Johnson) v Secretary of State for the Home Department [2016] UKSC 56.

[Obie]

Thanks for the link. I understand there is distinction between children for whom no application had ever been made and those for whom it had been made.
Again it will be absurd to hold a failure to regularise themselve against themselves.
A child cannot make an immigration application no can they sign it or enrol biometric on their own unless they are 16 or over. So it wil be absurd to hold such failure on them.
I fully agree with the view of Lady Dorraine in Johnson.

Vinny you will be surprised what 10-13 years do in the UK, especially in the Southeast . They are many 10-13 year old thugs out there, so I don't quite agree with the premise of Freemovement post.
Many of them cause vandalism, criminal damage and due to lack of parental discipline are completely unpleasant. I will be surprised if those kids were refused for immigration.

I may do a freedom of information requests to see if they were refused for immigration related reasons.