A section for posts relating to applications for Naturalisation or Registration as a British Citizen.
Naturalisation
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
-
gag285
- Member of Standing
- Posts: 369
- Joined: Mon Mar 17, 2014 4:03 pm
Post
by gag285 » Mon Oct 12, 2020 4:17 pm
Situation - I have two children born in the UK whilst I have been on Tier 2 General visa. I applied for their PBS dependent visas and these will expire on 28th Oct 2020. I am awaiting a decision on my ILR application ( biometrics scheduled 23rd Oct). I have not included my children on my ILR application as I plan to apply for their registration straight after my ILR (I really hope it is approved).
Question - I have started the MN1 application for my children and put 01st Oct as my ILR date (made up date to carry on with the application). I want to know if I can submit the application, hold it and then change the response when I have a decision on my ILR. The only leverage it gives me is an early view on biometrics appointments.
-
CULLINAN
- Respected Guru
- Posts: 11124
- Joined: Wed Sep 13, 2017 10:51 pm
Post
by CULLINAN » Mon Oct 12, 2020 4:29 pm
No. You can not apply before you are granted ILR. You can only run a dummy application but not submit. UK born child has an entitlement to be registered as BC after at least one parent has ILR. Visa expiry is irrelevant for the child.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
-
gag285
- Member of Standing
- Posts: 369
- Joined: Mon Mar 17, 2014 4:03 pm
Post
by gag285 » Mon Oct 12, 2020 4:33 pm
CULLINAN wrote: ↑Mon Oct 12, 2020 4:29 pm
No. You can not apply before you are granted ILR. You can only run a dummy application but not submit. UK born child has an entitlement to be registered as BC after at least one parent has ILR. Visa expiry is irrelevant for the child.
Thanks CULLINAN, so no leverage then. I have to wait.
-
CULLINAN
- Respected Guru
- Posts: 11124
- Joined: Wed Sep 13, 2017 10:51 pm
Post
by CULLINAN » Mon Oct 12, 2020 4:35 pm
gag285 wrote: ↑Mon Oct 12, 2020 4:33 pm
CULLINAN wrote: ↑Mon Oct 12, 2020 4:29 pm
No. You can not apply before you are granted ILR. You can only run a dummy application but not submit. UK born child has an entitlement to be registered as BC after at least one parent has ILR. Visa expiry is irrelevant for the child.
Thanks CULLINAN, so no leverage then. I have to wait.
Why would there be leverage? You have to follow the Nationality laws.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
-
gag285
- Member of Standing
- Posts: 369
- Joined: Mon Mar 17, 2014 4:03 pm
Post
by gag285 » Mon Oct 12, 2020 4:46 pm
CULLINAN wrote: ↑Mon Oct 12, 2020 4:35 pm
gag285 wrote: ↑Mon Oct 12, 2020 4:33 pm
CULLINAN wrote: ↑Mon Oct 12, 2020 4:29 pm
No. You can not apply before you are granted ILR. You can only run a dummy application but not submit. UK born child has an entitlement to be registered as BC after at least one parent has ILR. Visa expiry is irrelevant for the child.
Thanks CULLINAN, so no leverage then. I have to wait.
Why would there be leverage? You have to follow the Nationality laws.
I am sure I did not intend on leveraging against nationality laws. Thanks for the advice but I was only trying to seek the earliest biometrics appointment which is where I thought i could leverage from an MN1 application submitted with responses that I could change before biometrics to get access to the appointment system. Looks like its not possible if the application is submitted so I will hold my horses
-
CR001
- Moderator
- Posts: 87408
- Joined: Thu Mar 08, 2012 10:55 pm
- Location: London
- Mood:
Post
by CR001 » Mon Oct 12, 2020 4:50 pm
You cannot change the form information after submission anyway. And as you are signing it is all true and accurate, it wouldn't be if if you submit now.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
-
gag285
- Member of Standing
- Posts: 369
- Joined: Mon Mar 17, 2014 4:03 pm
Post
by gag285 » Mon Oct 12, 2020 5:36 pm
CR001 wrote: ↑Mon Oct 12, 2020 4:50 pm
You cannot change the form information after submission anyway. And as you are signing it is all true and accurate, it wouldn't be if if you submit now.
Makes perfect sense. Thank you !!
-
skumar1180
- Newly Registered
- Posts: 18
- Joined: Wed Aug 08, 2012 10:39 pm
Post
by skumar1180 » Mon Oct 12, 2020 9:01 pm
You may/will get a ILR response soon.
I and one of my friend applied for ILR on 2nd and 5th Oct respectively . Within a week we have received an email from home office that the ILR is approved and will have the BRP in 7-10 days time.
So I would suggest to keep the dummy application and documents ready for your kids MN1, and submit as soon you get your ILR BRP. I guess UKVI expect applicant to submit the application and pay fee before some 'X' days before the expiry of the current visa. what is this 'X' you may need to find out.
Somewhere I read that people applied for the pbs visa extn online, just 2 days before their visa expiry and there was no issue. Documents were posted to home office later on. this was in 2016-17. Now policies might have changed, so better to get advice if you have a plan to save fee and planning to submit MN1 within very limited time frame.
-
CULLINAN
- Respected Guru
- Posts: 11124
- Joined: Wed Sep 13, 2017 10:51 pm
Post
by CULLINAN » Mon Oct 12, 2020 9:11 pm
skumar1180 wrote: ↑Mon Oct 12, 2020 9:01 pm
You may/will get a ILR response soon.
I and one of my friend applied for ILR on 2nd and 5th Oct respectively . Within a week we have received an email from home office that the ILR is approved and will have the BRP in 7-10 days time.
So I would suggest to keep the dummy application and documents ready for your kids MN1, and submit as soon you get your ILR BRP. I guess UKVI expect applicant to submit the application and pay fee before some 'X' days before the expiry of the current visa. what is this 'X' you may need to find out.
Somewhere I read that people applied for the pbs visa extn online, just 2 days before their visa expiry and there was no issue. Documents were posted to home office later on. this was in 2016-17. Now policies might have changed, so better to get advice if you have a plan to save fee and planning to submit MN1 within very limited time frame.
MN1 is NOT an immigration application!! It falls under the Nationality laws. Your understanding above is not correct in regards to MN1.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
-
MBhat
- Newly Registered
- Posts: 20
- Joined: Fri Nov 06, 2020 10:40 am
Post
by MBhat » Fri Nov 13, 2020 11:15 am
I also have same situation as yours . Applying ILR mid December and not including my daughter in the application as she is born in UK . Planning to apply for registration of BC as soon as I receive BRP .
Please let me know how your application went through .
I was bit worried about the visa expiry and overstaying as her dependant visa expires in Feb 2021 . But thanks to this forum who have given enough assurance that for MN1 section 1(3) current immigration status doesn't matter
