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Urgent - MN1 application for Child born in India

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

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sameeha
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Urgent - MN1 application for Child born in India

Post by sameeha » Mon Mar 26, 2018 11:35 pm

Hi, I am about to apply for my own BC using form AN having held ILR for close to two years. My dependent son aged 10 has ILR along with me. He was born outside of UK and his father has a dependent visa. The guidance(and FAQ) talks about descretion by Home Secretary.
Would it be wise to apply BC for my son using MN1 form along-with me? Or should I just apply for myself now and apply later on for my son once his father gets ILR after few years?
Pls help urgently.
Thanks in advance,
Regards,
Sameeha

secret.simon
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Re: Urgent - MN1 application for Child born in India

Post by secret.simon » Tue Mar 27, 2018 1:09 am

Children born abroad are expected to have ILR themselves and for atleast one parent with British citizenship and another with ILR before registering as British citizens.

Also, children born abroad will generally have their UK immigration status in line with the less-privileged parent (the father in this case).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Urgent - MN1 application for Child born in India

Post by CR001 » Tue Mar 27, 2018 7:52 am

secret.simon wrote:
Tue Mar 27, 2018 1:09 am
Children born abroad are expected to have ILR themselves and for atleast one parent with British citizenship and another with ILR before registering as British citizens.

Also, children born abroad will generally have their UK immigration status in line with the less-privileged parent (the father in this case).
Child holds ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sameeha
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Re: Urgent - MN1 application for Child born in India

Post by sameeha » Tue Mar 27, 2018 8:08 am

Thanks for your replies. As Char has correctly pointed out, my son holds an ILR for more than two years now, same as mine. Reason for posting on this forum is I called up the nearest NCS and they told me that it is a requirement to have ILR for both parents. Then I called up the HO helpline where they told me one parent ILR is enough even for a child born abroad! So really confused now. If there are less chances for him getting BC then I would hold onto his application, but if that is not the case, ideally would like to have his BC which might help him in his secondary school applications.
Pls could seniors advise?
Thanks,
Sameeha

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CR001
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Re: Urgent - MN1 application for Child born in India

Post by CR001 » Tue Mar 27, 2018 8:40 am

The rules state that one parent must be applying at the same time as the child or already be British and the other parent must be settled, i.e. hold ILR.

When does the father qualify for ILR?

What dependent visa category does he hold?
ideally would like to have his BC which might help him in his secondary school applications.
No it won't. Not sure why you think holding a British Citizenship will provide any benefit.
Char (CR001 not Casa)
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sameeha
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Re: Urgent - MN1 application for Child born in India

Post by sameeha » Tue Mar 27, 2018 3:25 pm

Hi,
Father's visa: flr-m
Father will be eligible for ILR in 2022.
Ok, so it might help with admissions or not. That's fine.
With such state of affairs, would it make sense to apply for son along-with me now?
Thanks,
Archana

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CR001
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Re: Urgent - MN1 application for Child born in India

Post by CR001 » Tue Mar 27, 2018 3:45 pm

Ok, so it might help with admissions or not. That's fine.
It won't. He will be in the same pool for school placements as every other child applying.
With such state of affairs, would it make sense to apply for son along-with me now?
Did you miss the basic requirement of the parents?
CR001 wrote:
Tue Mar 27, 2018 8:40 am
The rules state that one parent must be applying at the same time as the child or already be British and the other parent must be settled, i.e. hold ILR.
On what basis did you and your child get ILR?

How long has the father been in the UK and on what visa categories?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sameeha
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Re: Urgent - MN1 application for Child born in India

Post by sameeha » Tue Mar 27, 2018 6:53 pm

Hi,
We got it via PBS Tier1. Anyways, long story short, I think I would be taking a gamble if I apply for my son along-with me! So probably better off holding off his application.
Just wish all related people (NCS/HO helpline etc.) had the same version to avoid confusion).
Thanks for your help,
Sameeha

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