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Note For successful registration as a UK citizen, especially at the discretion of Home Secretary, a minor would ordinarily be expected to be free from immigration control;fareeR wrote:Is there any chance of applying mn1 form for my daughter the fact that she started her school here and is studying here for 5 years and also her future is clearly meant to be here. Being an other national will not open wide oppurtunities for her in the near future.Since the father is naturalised now can we try this mn1 stating all the above facts and also a no objection letter from me her being naturalised?
Registration under 3(1) of BNA is at Home Secretary's discretion.fareeR wrote:My original post has my history but to summarise:
Classed as overstayer and got 30months ltr for me and my daughter.
Now I previously asked in general forum if mn1 could be applied for my daughter. I got valuable opinion child needs to be free from immigration control i. e have ilr.
She came here in 2010.also classed as overstayed.
Now she turned 10.
Her father is naturalised this October and younger brother british by birth.
She doesn't have ilr.
I called british citizenship enquiry and clearly stated that myself and my daughter has ltr and is she eligible for registration under section3 ( 1 )?
The answer was yes.( called 4 times since I had doubts in mn1 and also asked about mn1 eligibility to everyone)
What should I do now?
I respect the views of this forum members as they've given me advise and consolation at the ti.e of distress previous flr fp.
The child's passport is with ukba and I have requested it back and need to renew it too. That will takesome time but is it ok if I submit her brp. I that case her first entry clearance can't be shown but I've her first flight tickets till now. Sorry for long posy. Pls advice. Thanks in advance
Conditions of stay
9.17.24
We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2).
Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.
9.17.25
We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific period
Suggest work through the detailed guidance in link posted above & draw your conclusion on next steps based on that.fareeR wrote:Thank you.
Her overstay was when she was under 10.
She turned 10 this 14th October 2015 but granted ltr on 7th October 2015 a week before she turned 10.
Also the citizenship enquiry advisor told me to raise exceptional situation tgat I'm on 10 yr route to ilr and child would be 20 if I included her with my renewal over the years.