child born outside the uk expired visa can apply mn1

[deepakmk]

Hello All,

In Similar situation but my child was born outside UK . I recently got UK passport . My sons MN1 application is scheduled on Jan 11th and his visa expires on Jan 15th .

I had applied for ILR for my wife on Dec 9 2017 but we had attached old version of Naric letter . Caseworker told us application is fine and my wife will get ILR but we have to resend latest version of NARIC . We immediately sent the NARIC Letter next week but we haven't got the ILR yet for my wife.

MN1 rules say one parent should be british and other ILR if child is born outside UK . Upon sending enquiry to Homeoffice they suggested I should wait until my wife gets ILR.

So is it fine if I can apply for MN1 after his visa expires on Jan 15th.

[CR001]

MN1 rules say one parent should be british and other ILR if child is born outside UK . Upon sending enquiry to Homeoffice they suggested I should wait until my wife gets ILR.

The rules also state that children born abroad are required to be free from immigration time restrictions, i.e. hold ILR.

Why did you not apply for ILR for your child with your wife??

[deepakmk]

Okay I was referring to below rule , even the helpline from Nationality confirmed that I don't need to apply for my childs ILR if my wife has got ILR which I had planned on Dec 9th.

Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

I did not anticipate that we had to re-send documents on Dec 9th as it was premium appointment and my child has lived in UK for more than 2 years . I cannot apply for ILR now since all my passport and wifes passport is in Homeoffice.

[CR001]

A Section 3(1) application is one at discretion, i.e. it can be refused. There have been many refusals for children born abroad and parents skipping ILR. A small number of members have had success but usually both parents are already British and there are siblings who are British due to being UK born.

Page 30 of the Nationality Instructions mentions the ILR requirement.

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

[deepakmk]

Okay thanks CR001 but can I still apply for ILR for my child since all our(parents) documents are with Homeoffice and I cannot produce them for my childs application.

[deepakmk]

Can someone help please , Do I still have time to send ILR application for my child through post now considering ILR application for his mother is in progress with Homeoffice.

[deepakmk]

Also CR001

Thanks for posting the link :-

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

Going through this it says

This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted IL or permanent residence where there are strong compelling compassionate circumstances to do so. British citizenship does not give a minor any additional benefits that cannot be obtained through IL and therefore representations on the basis of issues such as access to education are unlikely to be sufficient to justify the exercise of discretion.

Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
• the child satisfies the other expectations for registration
• the parents meet the expectations with regard to their circumstances

I have highlighted in bold where it says being free from immigration restrictions is less important and it goes on to point parents should meet expectations which is below :


Child’s parents’ circumstances
To register a child under this provision you should normally be satisfied that one of the parents is either a British citizen or has applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:
• the other parent is settled in the UK
• the other parent is unlikely in the short or medium term to be returnable to their country of origin and there is no other reason to believe that the child’s future lies outside the UK

Sorry for reiterating , Considering all above can I apply for MN1 still when my wife gets ILR and my sons visa will probably be expired after Jan 15th

[CR001]

As i said, a few members have had success, many have been refused. It is an application at discretion. There is no entitlement for him to register.

[secret.simon]

As CR001 has advised, a Section 3(1) application is at discretion. There is an expectation that the child will have ILR. If the application is refused, you will lose the fee and may have to then apply for ILR and MN1 again.

The fact that the child is an overstayer may be a negative factor in the caseworker's consideration of the application.

How long has the child resided in the UK? How old is the child? Are there any British siblings?

[virgotash]

Hi,
As child visa will expire on 15/01 so you still have time to submit ILR application. As far as supporting documents i.e. parents passport, BRP etc. you can mention in application that already with home office and probably attach photo copies if you have them. Even if you use premium service though its expensive but can explain to the caseworker and normally they understand and I strongly recommend to apply for ILR before expiry to be risk averse.
Its your decision how you want to progress, indeed there are success chances of registration under section 3(1) without getting ILR but ..........

[deepakmk]

Thanks for the reply virgotash and secret simon

My child is 2 years and has been resident in UK from past 2 years . He does not have any siblings . I received a reply from FurtherNationalityEnquries they just said I should wait for my wife to get ILR but did not specifically comment on childs visa expiry on 15th Jan.

Before I go head and book for ILR for premium service since its expensive just wanted to make sure is it worth booking it , is there any risk caseworker might reject since I dont have originals for mine and my wife's documents .

Well I am in totally confused state

[deepakmk]

And also mother should I have ILR for the child to get ILR or is it okay if her application is in progress with HomeOffice if I book premium appointment for my sons ILR

[deepakmk]

Can someone please help , can I apply for SET O by post for my child who is 2 years old even if my wifes application is in progress with HomeOffice . I have limited time since my childs Visa expires on Jan 15th . Is SET O the right form or SET F

[ALI97]

Hi deepakmk
I successful with mn1 application child born outside without ilr.it was not easy journey home office took one year to decide.children are 11,13and 15 year old and their one sibling and parents are British tier 1 route.