MN1 refused- child dependent visa expired- Help!!

[sagareva]

I am a british national as of 2012 and so are two younger children. My wife and eldest daughter who is 6 yrs old and born overseas before I had settled status; were my dependents and their LTR was running out November 2013.

I applied for ILR for my wife and registration for my daughter via MN1 section 3(1) both at the same time in November 2013.

Daughters application returned refused in february 2014 stating that as mother does not have settled status they are refusing but I can re-apply once mother gets ILR.

Mother received ILR end of March 2014 and I booked appointment with Nationality checking service for resubmission of MN1 for my daughter.

Yesterday NCS during the checking told me that my daughter is not eligible for registration and has to apply for ILR first. She called someone to check and they said the same thing.

Today a call to the Home Office for ILR and im told that as my daughter has overstayed by more than 28 days a set(m) application would be refused. Alternatively leave the country and apply for entry clearance which again has less chances of success due to overstaying after an expired visa.

As of this morning I simply dont know what to do. Please please please can someone help me.

Further info:

Daughter:
Age: 6 yrs old
Born: Pakistan (At time of birth neither parents had british citizenship or settled status)
Current: Living in the UK with parents and siblings since 2009
Immigration: Now Expired Child dependant resident permit.

Father:
British National
Settled status in the UK since 2011

Mother
Pakistani National
Settled with Indefinite Leave to Remain since April 2014

Siblings
Both British Nationals

just like Amber mentioned, you may succeed at registering your child directly now that your wife is also settled. it is an exception rather than the rule, so you may have difficulty convincing NCS of this, you should apply directly and read carefully -- and quote -- the paragraphs referred to.

another option is to fly overseas and apply from there for ILE (indefinite leave to enter). this will be sort of ILR but received from abroad (legally equivalent to ILR). you daughter will now be eligible for it. you do not need to meet appendix FM financial requirements, only "adequate maintenance"

[ALI97]

hi satish333

is any progress about ur daughter mn1 registration

regards
ali

[priyal1389]

HI EVREYONE
I JUST BIT CONFUSED I GOT MY ILR ON LONG RESIDENCY BASED BUT WHEN I WAS APPLIED MY ILR THT TIME I DIDNT APPLIED MY SON ILR DEPENDENT SO NOW HE HAS RUNT OUT HIS LTR N I GOT MY ILR SO CAN I APPLY MY SON BRITISH CITIZENSHIP UNDER SECTION MN1 (3) OR NOT PLS LET ME KNOW THANKS.

[CR001]

HI EVREYONE
I JUST BIT CONFUSED I GOT MY ILR ON LONG RESIDENCY BASED BUT WHEN I WAS APPLIED MY ILR THT TIME I DIDNT APPLIED MY SON ILR DEPENDENT SO NOW HE HAS RUNT OUT HIS LTR N I GOT MY ILR SO CAN I APPLY MY SON BRITISH CITIZENSHIP UNDER SECTION MN1 (3) OR NOT PLS LET ME KNOW THANKS.

Was your son born in the UK?

Please don't type in Capital letters, it is the same as shouting and is very difficult to read.

[abbasbundeali]

Hi all,

I am currently applying for ILR alongside my wife (my dependent).

I have two children (one born in Dec 2010 in UK holding my dependent visa that expires at the same as mine, second born sometime ago, and doesnt have any passport or visa apparently).

I am eligible to apply for ILR in one week and I am thinking of doing the following:

- Apply for myself and my wife - postal application ILR
- Registration both children as citizens once my ILR comes through.

Looking at the posts on this thread, it looks like there have been issues? especially if i apply in post and it doesnt come through in time (before my older daughter's dependent visa expire), does that mean the home office can reject registration on the basis of overstay? If yes, then I would need to do same day service (pay 400 extra for myself and my wife, to make sure I can register my children before their visa expires.

Secondly, according to the rules and earlier guidance, i thought i can clearly apply for registration of my children, without having to apply ILR for them? Some posts in this group suggested that they need to go through the ILR process?

Grateful if anyone could clarify. Ofcourse the intent is to avoid paying same day fees £800.00 additional especially when there is no urgency of travel.

[CR001]

Hi all,

I am currently applying for ILR alongside my wife (my dependent).

I have two children (one born in Dec 2010 in UK holding my dependent visa that expires at the same as mine, second born sometime ago, and doesnt have any passport or visa apparently).

I am eligible to apply for ILR in one week and I am thinking of doing the following:

- Apply for myself and my wife - postal application ILR
- Registration both children as citizens once my ILR comes through.

Looking at the posts on this thread, it looks like there have been issues? especially if i apply in post and it doesnt come through in time (before my older daughter's dependent visa expire), does that mean the home office can reject registration on the basis of overstay? If yes, then I would need to do same day service (pay 400 extra for myself and my wife, to make sure I can register my children before their visa expires.

Secondly, according to the rules and earlier guidance, i thought i can clearly apply for registration of my children, without having to apply ILR for them? Some posts in this group suggested that they need to go through the ILR process?

Grateful if anyone could clarify. Ofcourse the intent is to avoid paying same day fees £800.00 additional especially when there is no urgency of travel.

The posts in this thread are relevant to children born OUTSIDE the UK and who do require ILR so this is not applicable to you UK born children. They are entitled to register once you/spouse get ILR and can't be refused.

They do not need valid visa or ILR to apply for British citizenship.

Suggest if you have the money, do one ILR application in person and the other by post if you wish.

[abbasbundeali]

Thanks that clarifies.

Why would you suggest ILR application in person (for main applicant) when it doesnt matter if by the time the ILR gets finalised, the child's visa expires before the registration?

[CR001]

Thanks that clarifies.

Why would you suggest ILR application in person (for main applicant) when it doesnt matter if by the time the ILR gets finalised, the child's visa expires before the registration?

Because ILR by post can take many months and you have to submit all your original documents. Your choice. I have always used the premium in person service for peace of mind.

Only one parent needs ILR to register UK born children.

[abbasbundeali]

Thanks.

The only thing now is they have created one form in which dependent details and main applicant details need to go.

Not sure why they have included so many dependents slots - Dont they know that children shouldnt apply for ILR (born in UK) and that they can register directly.

[ouflak1]

Thanks.

The only thing now is they have created one form in which dependent details and main applicant details need to go.

Not sure why they have included so many dependents slots - Dont they know that children shouldnt apply for ILR (born in UK) and that they can register directly.

There are lots of reasons for children to need (or their parents want them have) ILR that have nothing to do with citizenship.

[CR001]

Thanks.

The only thing now is they have created one form in which dependent details and main applicant details need to go.

Not sure why they have included so many dependents slots - Dont they know that children shouldnt apply for ILR (born in UK) and that they can register directly.

There are lots of reasons for children to need (or their parents want them have) ILR that have nothing to do with citizenship.

+1

[abbasbundeali]

Hi CR001

If i decide to apply in person using Form SET O, once i get the ILR, i should apply for ILR for my wife using the same form or SET M ?

Thank you,
Abbas.

[CR001]

Hi CR001

If i decide to apply in person using Form SET O, once i get the ILR, i should apply for ILR for my wife using the same form or SET M ?

Thank you,
Abbas.

Your wife applies on Set(O). Set(M) is NOT relevant to her as she DOES NOT hold a visa in that category (i.e. FLR(M) or spouse settlement visa).

[abbasbundeali]

I thought SET M is for all parter and dependants of person who has 'settled' in UK. ??

SET 0 seems to be directed towards main applicant -

[abbasbundeali]

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

[abbasbundeali]

How to apply
Complete application form SET(O) unless you’ve extended your permission using form FLR(M) - if you have you should apply using form SET(M).

Sorry, forgot to see the above.

Makes sense now.

[BIG Dobby]

hi ayoubtt

can you please share cover letter which you sent with your daughters MN1 successful application
you can send PM or email me xxxxxxxxxxxxxxxxx bc i see so many peoples with same situation on this forum home office refused their applications .
i just want to make sure i explain properly on cover letter as well i have three kids who born in pak and now have tier 1 visa till 2017 and me and my wife have ILR ...want to Skip ILR of kids as we already went through two tier1 extentions already.....too much fee already spent......lets see if i can save something.

thanks

From my own personal experience, the safest and most straightforward route to registration for children is the ILR and then registration process. So if your not in a hurry then do follow that route, as it will save you in repeated application fees as well as legal fees, which might end up costing you much more.

The reason for my suggestion is that firstly this is the route given by the councils checking service, the home office, the nationality directorate as well as a couple of barristers. So they all cannot be wrong.

I too have paid my hard earned savings in repeated applications and legal advice and would loved to have kept them saved if I had prepared earlier with the right information.

In regards to the covering letter, it just explained my personal family situation as well as everything I have mentioned in my previous post, so nothing special in that, just any other covering letter.

If you still think you need help with a covering letter then ill see if I can draft a generic one which others can use too if I get round to it that is.

The question is: did you finally get ILR for your child before he was finally registered or
did you go ahead with it (the registration) when her leave expired based on the fact that you
are now British citizen n ur wife settled?

Please be concise!!!!

[BIG Dobby]

UPDATE:

Dear all,

Just received the approval letter for my daughter in the post today.

Huge burden off my head. wishing everyone success as well who are still going through the process.

And BIGGGG thanks to all those who contributed towards helping me decide which course of action to choose after solicitors and the ncs and the home office could not make up their minds between themselves.

Best Wishes and Good Luck

Dear

The question is: did you finally get ILR for your child before he was finally registered or
did you go ahead with it (the registration) when his/her Leave to Remain expired
based on the fact that you are now British citizen n ur wife settled?

Please be concise!!!

[Casa]

UPDATE:

Dear all,

Just received the approval letter for my daughter in the post today.

Huge burden off my head. wishing everyone success as well who are still going through the process.

And BIGGGG thanks to all those who contributed towards helping me decide which course of action to choose after solicitors and the ncs and the home office could not make up their minds between themselves.

Best Wishes and Good Luck

Dear

The question is: did you finally get ILR for your child before he was finally registered or
did you go ahead with it (the registration) when his/her Leave to Remain expired
based on the fact that you are now British citizen n ur wife settled?

Please be concise!!!

The OP ayoubtt hasn't visited the forum since October 2015!