Flr fp success but need help

[fareeR]

I got my visa granted as partner 10 year route initially for a period of 30 months. My daughter is also granted 30 months.
When can my daughter apply for ilr? My husband is naturalised as uk citizen from oct14th 2015.
My original post mentions that our status was messed up by my solicitor. So basically overstayer. With this history when to apply ilr for my indian born daughter.she came here on 2010 August.
Also both of our passport are retained by homeoffice during initial refusal in 2013. How to get it back?
Can I switch to flr m from this 10yr route? Will the overstay be a problem? Kindly help good people our there

[fareeR]

Pls help

[Deewani]

I believe you can switch from 10 year to 5 year route..providing you meet d income threshhold of 18600 and you r ur husband dont get no benefits for 5 years.. Your daughter will only get the status dat YOU get... If she was born in uk or born after ur husband became citizen, den it wud be different...and if you do decide to switch your visa...make sure u do seek advice from a solicitir who WONT mess up again.

[fareeR]

Thank you so much. Your reply is much appreciated.

[fareeR]

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?

[Deewani]

This information sheet will answer your question

When may a young person be able to register as a British Citizen?

http://www.ilpa.org.uk/data/resources/3 ... itizen.pdf

[noajthan]

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?

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;
eg to have ILR.

[fareeR]

Thank you so much.

[fareeR]

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

[noajthan]

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

Registration under 3(1) of BNA is at Home Secretary's discretion.
Minor is usually expected to be free from immigration control. eg to have ILR.

If you apply to register a minor who has LTR(?) (& not ILR) you are hoping for discretion to be applied on top of the usual 3(1) discretion.

You can read the full HO guidance on such cases & decide on the probabilities yourself, see:
https://www.gov.uk/government/publicati ... structions

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

[noajthan]

PS You will also note from the guidance that both parents are expected to be settled in UK &/or naturalised or applying to naturalise (especially in relation to a 3(1) application).

Also note: minors over 10 years old are subject to the same type of 'good character' test as adults.
So the element of overstay in this case may be problematic here.

[fareeR]

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.

[fareeR]

I'm also exploring about applying ilr for my daughter when she can't use mn1.

[noajthan]

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.

Suggest work through the detailed guidance in link posted above & draw your conclusion on next steps based on that.

Form MN1 is still the appropriate form to use to apply to register your daughter by discretion (when she has ILR).

You would simply have to enclose a cogent covering letter if you wish to proceed and make a special case based on your advisor's advice.