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

[bilal_zain]

hi amber,
what do you think whether my daughter would be eligible for MN1 registration. She was 9 months old when she came to UK as my dependent and has been here since then (almost 5 1/2 years). I am on ILR and will apply for BC next year. will it possible to get her registered for BC once I get UK nationality or still she would have to apply for ILR and then BC? in previous posts it has been suggested to other people that if child is young and spent most of their life in UK then chances are bright to get BC registration. thanks in advance
Regards

Section 55 Borders, Citizenship and Immigration Act 2009 Imposes a statutory obligation for the decision maker to consider the best interest of the children in such cases. Where one parent is settled and the other is British it appears contrary to section 55 not to allow such an application, despite guidance. A reconsideration request highlighting section 55 and the case of FI v Secretary of State for the Home Department [2014] EWHC 2287 (Admin), should prove successful, include a letter from their school showing a clear settlement and intention to remain in the UK.

[ouflak1]

hi amber,
what do you think whether my daughter would be eligible for MN1 registration. She was 9 months old when she came to UK as my dependent and has been here since then (almost 5 1/2 years). I am on ILR and will apply for BC next year. will it possible to get her registered for BC once I get UK nationality or still she would have to apply for ILR and then BC? in previous posts it has been suggested to other people that if child is young and spent most of their life in UK then chances are bright to get BC registration. thanks in advance
Regards

Section 55 Borders, Citizenship and Immigration Act 2009 Imposes a statutory obligation for the decision maker to consider the best interest of the children in such cases. Where one parent is settled and the other is British it appears contrary to section 55 not to allow such an application, despite guidance. A reconsideration request highlighting section 55 and the case of FI v Secretary of State for the Home Department [2014] EWHC 2287 (Admin), should prove successful, include a letter from their school showing a clear settlement and intention to remain in the UK.

Your scenario is basically the textbook case for which this discretion was intended when the child does not have ILR.

[Navi123]

Hi GUys,

Need your advise, I'm a british citizen (2015, based on 10 yrs) and my wife is on family visa and two children dependent born abroad. Wife & kids living in the UK for past five years.

I have applied for the my kids (under 10yrs of age) on MN1 sec3(1) in august this year and got the refusal letter yesterday stating that "the mother and both children not settles in the UK, and not satisfied with the minor future intention do not clearly lie in the UK".

I have a full time job,bought a house and been in the u.k. for more than 12 yrs. Kids are in full time education as well.

As per chapter 9 sec 9.17.9- states that We should normally expect that:

• at least one parent is a British citizen or
• one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);

• and

• the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
• Whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (e.g. s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.

sec 9.17.18 also states that,

“The length of residence in the United Kingdom is less important for children under 13. If we
Are satisfied that their future lies here, and that registration would otherwise be appropriate, we need not normally take into account the length of residence here. There will be plenty of time for the children to establish their own personal connections with the United Kingdom before they become adults”.

Even if the decision was based on 9.17.24-25 “as per sec 9.17.26 -But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important” if,
A. the minor meets the other normal criteria for registration set out in 9.17; and
B. the parents meet the criteria set out in 9.17.9-9.17.14."

further on sec 9.17.3 which states that,

“If there is any information to make us doubt that the child's future lies here, for example:
• the child, or one or both parents, has recently left the country for a period of more than six months
• the child is about to leave the United Kingdom
• one or both parents is resident abroad,

We should write to clear up the point”.

so on the above grounds I want to apply for reconsideration by using form 'NR'.

Can you guys advise and or concur that I have fair chance to turnaround the decision as the case worker ignore the above sections and the facts.


any advise is highly appreciated.

regards

[BIG Dobby]

Hi GUys,

Need your advise, I'm a british citizen (2015, based on 10 yrs) and my wife is on family visa and two children dependent born abroad. Wife & kids living in the UK for past five years.

I have applied for the my kids (under 10yrs of age) on MN1 sec3(1) in august this year and got the refusal letter yesterday stating that "the mother and both children not settles in the UK, and not satisfied with the minor future intention do not clearly lie in the UK".

I have a full time job,bought a house and been in the u.k. for more than 12 yrs. Kids are in full time education as well.

As per chapter 9 sec 9.17.9- states that We should normally expect that:

• at least one parent is a British citizen or
• one of the parents has applied to be registered or naturalised as a British citizen and the application is going to be granted (if the parent’s application is to be refused, we should normally refuse the minor’s application as well);

• and

• the other parent is either settled in the United Kingdom (see Annex F to Chapter 6); or
• Whilst not settled, is unlikely in the short or medium term to be returnable to his or her country of origin (e.g. s/he has been granted Discretionary Leave), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.

sec 9.17.18 also states that,

“The length of residence in the United Kingdom is less important for children under 13. If we
Are satisfied that their future lies here, and that registration would otherwise be appropriate, we need not normally take into account the length of residence here. There will be plenty of time for the children to establish their own personal connections with the United Kingdom before they become adults”.

Even if the decision was based on 9.17.24-25 “as per sec 9.17.26 -But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important” if,
A. the minor meets the other normal criteria for registration set out in 9.17; and
B. the parents meet the criteria set out in 9.17.9-9.17.14."

further on sec 9.17.3 which states that,

“If there is any information to make us doubt that the child's future lies here, for example:
• the child, or one or both parents, has recently left the country for a period of more than six months
• the child is about to leave the United Kingdom
• one or both parents is resident abroad,

We should write to clear up the point”.

so on the above grounds I want to apply for reconsideration by using form 'NR'.

Can you guys advise and or concur that I have fair chance to turnaround the decision as the case worker ignore the above sections and the facts.


any advise is highly appreciated.

regards

My candid advice is to approach a solicitor since it has lingered for more than 6 months to get a response from HO. Once a pre-action protocol is issued wrt your child's application, I swear HO will release her certificate because they cant successfully challenge it in JR. I Know 2 cases right now

I dont know where you are based but there are charities that represent children in Britain... Look for one or in Leeds, there are solicitors that charge £500 to £900 to start the process. Those solicitors will assess your circumstances, once there is a strong case then it will be challenged! when you come out successful, you will get all you money back except application fee.


ANY UPDATE YET? My circumstances are the same as yours and I will be applying in October this year... Very ready for them... not afraid

[Casa]

BIG Dobby, you appear to be on a campaign for members with MN1 3(1) refusals, repeating the same posts in different threads with a 'one size fits all' solution to the issue. This includes oddly advising them all to consult solicitors in Leeds...with no apparent knowledge of where the members are located.
A JR may well not be in their best interests and neither are you in a position to "swear HO will release the child's certificate' Knowing of '2 cases' doesn't guarantee success for all. As we say in this country, "Two swallows don't make a Summer"

[BIG Dobby]

BIG Dobby, you appear to be on a campaign for members with MN1 3(1) refusals, repeating the same posts in different threads with a 'one size fits all' solution to the issue. This includes oddly advising them all to consult solicitors in Leeds...with no apparent knowledge of where the members are located.
A JR may well not be in their best interests and neither are you in a position to "swear HO will release the child's certificate' Knowing of '2 cases' doesn't guarantee success for all. As we say in this country, "Two swallows don't make a Summer"

It's OK... I will prove myself right by applying... showing u each stage till final decision...