Re: MN1 section 3(1) application refused

[BIG Dobby]

It's in the casework guidance, they wont show you that - so don't worry about it. They will only show you Chapter 9 of BNA 1981, which only great minds can understand.

E.g: Chapter 6.9 Representations against refusal:

https://www.gov.uk/government/uploads/s ... n-v6_0.pdf

Official – sensitive: Blank thru out....

Not possible to comment then.
Long story short: discretion remains discretionary - which is why s.3(1) exists.

You are absolutely right but it could be Unlawful as well

[noajthan]

You are absolutely right but it could be Unlawful as well

But I'm not referring to the ad hoc kind of wishy-washy discretion an enduser might apply.
I'm referring to the UKVI/HO NI-driven non-precedent creating discretion applied by caseworkers.

Agreed the guidance is not the law; that is always the case - the map is not the territory.

[BIG Dobby]

You are absolutely right but it could be Unlawful as well

But I'm not referring to the ad hoc kind of wishy-washy discretion an enduser might apply.
I'm referring to the UKVI/HO NI-driven non-precedent creating discretion applied by caseworkers.

Agreed the guidance is not the law; that is always the case - the map is not the territory.

It is left for those who feel dissatisfied with their decision to challenge it. If they have that capacity then the best is to challenge their decision via judicial review (if other avenues are exhausted) if not, apply for ILR before registration. I strongly maintain that ALI97 has unbeatable case!!!

[BIG Dobby]

Hi BIG Dobby
Thanks for sharing much useful information which will benifit lot of people to prepare proper case.you can upload mp,head teacher ,elderly relative letter format by removing your personal details and upload cover letter in parts if possible. ..it would only help people like me.
I respect site rules not sure why you were not able to read my pm .I just want to speak to you or want you can email me cover letter etc .
But if sites rules are every information should be public then you can upload as many dacuments relating this case it will only help others.
Lot of refusal in past though there were different scenario for everybody .... but now I see lot of people get success as well ...
Regards
Ali

Hi ALI97

I have not heard from you for a month now. Did you finally make the citizenship registration application? If so, please can you update this honourable House?

Thanks

[ALI97]

Hi BIG Dobby

Yes I make application on 03 January 2017 and Biometric done on 23 January 2017.there is no acknowledgement letter or email...even biometric letter come after I email them as payment was deducted on 11 January but there was no email or biometric letter .then u email on 17/1 and received biometric enrolment letter on 21 January.
I will update further when get results.
Once again thanks for your help

[BIG Dobby]

Hi BIG Dobby

Yes I make application on 03 January 2017 and Biometric done on 23 January 2017.there is no acknowledgement letter or email...even biometric letter come after I email them as payment was deducted on 11 January but there was no email or biometric letter .then u email on 17/1 and received biometric enrolment letter on 21 January.
I will update further when get results.
Once again thanks for your help

U need to keep the pressure up. That was exactly what they did to me. U need to do 'return of your documents' at some point to keep the pressure up. Reason: tell them, u need it or them for identity purposes. At one point, they rang me and said *** my name*** what is it this time? They knew me very well.

It's not an easy application bro.

[ALI97]

HI BIG DOBBY
I will request for return of dacuments in few days.....as January aplication approval start coming.

[BIG Dobby]

HI BIG DOBBY
I will request for return of dacuments in few days.....as January aplication approval start coming.

HI ALI97

Correct man! Hope u put in ur child's British passport n told them that your two children's future lies him and both of you who are British.

There is a recent court judgement as per above

When u request for the return of some of your documents, Select British Sponsor - in that way you wont have the option of withdrawing ur application... Try it u will understand what i meant

Any further help let me know

[ALI97]

Hi Big Dobby
I requested dacuments back and today received only kids passports and brp.all other dacuments keep by home office.i am still waiting for mn1 decision ,my kids visa will expire on 18 april 2017...not sure what to do now....as if mn1 refused than my kids will be left with no status.
Can I apply ilr while awaiting mn1 decision before kids leave expire.or just wait for decision
Kind regards
Ali

[ouflak1]

Can I apply ilr while awaiting mn1 decision before kids leave expire.or just wait for decision
Kind regards
Ali

Yes you can. And in fact something similar has recently happened on this forum to great success. Trying to take shortcuts with the Home Office is an invitation to pain and stress. It might eventually work out, but it almost always would have been easier and more straightforward to just hop through their (expensive) hoops.

[BIG Dobby]

Hi Big Dobby
I requested dacuments back and today received only kids passports and brp.all other dacuments keep by home office.i am still waiting for mn1 decision ,my kids visa will expire on 18 april 2017...not sure what to do now....as if mn1 refused than my kids will be left with no status.
Can I apply ilr while awaiting mn1 decision before kids leave expire.or just wait for decision
Kind regards
Ali

I know how you feel. This is not a fight for the faint-hearted!
It could take between 1 - 6 months. Mine took 4months 3 days

Even though you are worried about good character requirement when the child is 10 - <18 years of age,
it does not strictly apply to them ( there are caselaws regarding this). I will be in a better position to advise you when the below questions are answered.

The date of application is very material to your circumstances. (NOTE: ILR is approx. £2,300 eff. 6 April)

Question 1. what is the age of your eldest son now ( e.g. 12.7yrs)?

Question 2. At the reverse side of the letter from HO accompanying returned Doc., what was written on it?

[BIG Dobby]

Hi Big Dobby
I requested dacuments back and today received only kids passports and brp.all other dacuments keep by home office.i am still waiting for mn1 decision ,my kids visa will expire on 18 april 2017...not sure what to do now....as if mn1 refused than my kids will be left with no status.
Can I apply ilr while awaiting mn1 decision before kids leave expire.or just wait for decision
Kind regards
Ali

This forum keeps blocking your PM... Can someone authorise me to access ALI97 PMs, pls? I need to talk to him as he has requested a PM

[ALI97]

Hi Big Doby
Thanks for your reply.my oldest child age is 14.5 year and on return davument they write
Please find following davument as requested.
And they write 3 resident permits with number and passports with numbers
And at the end they write may be the need to see these davument on later date.if so they will request them from me.

[BIG Dobby]

Hi Big Doby
Thanks for your reply.my oldest child age is 14.5 year and on return davument they write
Please find following davument as requested.
And they write 3 resident permits with number and passports with numbers
And at the end they write may be the need to see these davument on later date.if so they will request them from me.

Usually on the reverse side, it should state that 'should their application be successful their names will be written as - & -' then it goes to ask you to write them ,should the information be incorrect'.

Regarding the age, you still have enough time. I would advice you stay calm and wait for the outcome of the application. If it comes out unsuccessful it would then be your choice to either contest it or apply for ILR. Minors are minors (caselaw)

Remember: I asked you to get a letter from your MP as they have direct contact with HO even though some members of this Honourable House think it doesn't work. I say it does work. Discretion means weighing on a balance where the scale (child's future) tilts (lies). In your case, it clearly lies in the UK as both family life (BC parents/sibling) and private life (length of UK residence) are engaged together with other compelling circumstances (school ties, access to services, religious association, GP records, your education in the UK, voter's record, other UK family ties e.g elderly relative who are BC etc.).

Let me know if you have any other queries

[ALI97]

Hi Big dobby
Thanks for your time again.
Passports and brp sent by home office in response to return of dacument return request . although I request full return of dacuments.
I think they write on reverse side of letter when home office send dacument themslfafter approval
You said that you requested returned of dacument during process of your child application.
Did home office write your child detail on reverse side and ask if detail is correct.
Regards
Lisa at ali

[BIG Dobby]

Hi Big dobby
Thanks for your time again.
Passports and brp sent by home office in response to return of dacument return request . although I request full return of dacuments.
I think they write on reverse side of letter when home office send dacument themslfafter approval
You said that you requested returned of dacument during process of your child application.
Did home office write your child detail on reverse side and ask if detail is correct.
Regards
Lisa at ali

They (HO) didnt initially when they returned my passport - only one-page letter. I put in another Return of Doc request then they returned half of the documents and they (HO) wrote on the reverse side as I said above (wrote all my child's name and asked if they were correct).

I requested for the whole documents and they (HO) refused. I rang their customer services and requested that the case worker speak to me. She rang me same day and asked me why I requested a ring back. I told her I needed the rest of the documents; she told me that they (those leftover documents) were needed to make decision on my application. Then I asked her how long it was going to take and she said 1 to 6 months.

Usually HO writes on the reverse side when they start work on your application and once the start it takes about a month to get a decision.

Dont worry, pal... The worst case scenario you apply for ILR if you dont get a good decision. My instinct - it will be successful

[ALI97]

Hi Big Dobby
I will update you once I will get decision from home office.
And I not sure why administration block you to view my message.i sent pm to one of moderator and reports this pm Plockton issue he was able to see my pm.
Any thanks for your time and help

[ALI97]

Hi everyone
Waoooooo......today got approval for my three children mn1 application without ilr even visa expires during mn1 process.....application process time more than a year......one sibling and both parents british

[malikuk]

well done , its good news....

[ALI97]

Special special thanks to Big dobby ....he actually help me a lot to achieve this success.
There are policy and laws where children can register British citizenship without ilr .....buts it's not easy to achieve success as my three children were end up on expired visa during mn1 application process.
If their applications refused by home office this would be big trouble for me to sort this out and may be too much expensive as well.

[vinny]

Congratulations!

[ALI97]

Thanks Vinny

[BIG Dobby]

Special special thanks to Big dobby ....he actually help me a lot to achieve this success.
There are policy and laws where children can register British citizenship without ilr .....buts it's not easy to achieve success as my three children were end up on expired visa during mn1 application process.
If their applications refused by home office this would be big trouble for me to sort this out and may be too much expensive as well.

Brother,

I really appreciate. We are here to assist one another. I absolutely share in your joy and happiness.
I am just returning from my 2 months leave.

Best of luck!