HEALTH SURCHARGE NOT DEMANDED

[sanyari77]

My daughters under 16 years old have applied for UK settlement visa. I have an EU settlement status in the UK. The health surcharge was not paid during online application in October 2020. My solicitor was saying they will ask us to pay the surcharge later.
Now I have received email today that they have processed their applications and returned the passports for collection. But we have not received any correspondence regarding health surcharge.
a. Why have not they asked us to pay the medical surcharge?
b. Have they refused the visa applications without asking to pay for medical surcharge?
Any advise?

[secret.simon]

People applying under the EU Settlement Scheme are not subject to the IHS.

[CR001]

People applying under the EU Settlement Scheme are not subject to the IHS.

Op is a no EU citizen with settled status after retaining rights.

eea-route-applications/help-me-to-obtai ... l#p1628329

[sanyari77]

Non EU individual under EU Scheme Settlement status.

[secret.simon]

Sorry about that. The initial post was unclear.

My daughters under 16 years old have applied for UK settlement visa

Precisely which visa did you apply for? Also, what fees did you pay for those visas?

Presumably those daughters do not hold EEA citizenship. Is that correct?

[sanyari77]

They are British born Pakistani national living in Pakistan.They paid £1523 each in Pakistan. I didn’t pay any fees for my EU scheme settlement visa.

[secret.simon]

Have you claimed sole responsibility for them?

If you have, it is possible that they may be issued ILE in line with your Settled Status and there is no health surcharge for ILE holders to the best of my knowledge.

They are British born

If they were born in the UK, you could have applied to register them as British citizens directly after you got your Settled Status.

[sanyari77]

a. Have you claimed sole responsibility for them? YES
b. If they were born in the UK, you could have applied to register them as British citizens directly after you got your Settled Status:
They were born in UK but they have been living in Pakistan for the last 10+ years. I got my settled status last year in September 2020.
c. they may be issued ILE in line with your Settled Status
If this is the case, I will be the happiest person on earth. We are still waiting for a phone call from visa office, Lahore.
d. You could have applied to register them as British citizens
Did you mean my daughters will get ILE status because they were born in the UK even before I got my EU settled status?

[vinny]

Your UK-born daughters are entitled to register for British citizenships, immediately after you were granted settled status.

[sanyari77]

Hi Vinny, thank you so much for your advise. I am reading the details of the link you have shared. Too many confusion about the issue of citizenship. I am Still reading the article on the matter....

[sanyari77]

:(

[CR001]

Basically, there was no need to apply for visas for them. You could have simply registered your UK born children as British citizens in form MN1 once you received your settled status.

[sanyari77]

My solicitor didn’t advise me anything. I was worried about non payment of IHS fees. Now their passports have been processed and we are waiting for a call for collection. Don’t know what has happened to the visa application. 🙇🏼‍♂️

[sanyari77]

Basically, there was no need to apply for visas for them. You could have simply registered your UK born children as British citizens in form MN1 once you received your settled status.

Is this form MN1 valid for the children residing outside the UK?

[CR001]

Is this form MN1 valid for the children residing outside the UK?

Yes.

[sanyari77]

I was reading the articles on applying British citizenship but I don’t think my daughters have rights to apply for citizenship. The whole article is about the father’s status at the time of children born in the UK.
In my case:
a. Father/mother were Pakistani national when children born in the UK. Children left the UK and started living in Pakistan in 2009.
b. Father got settlement status through EU scheme settlement in 2021.
c. Children are still living in Pakistan and applied to join their father in the UK.
c. How British born children are able to apply British citizenship in above circumstances? They were born before I got a settlement status.
OMG too much confusion in my mind. 😒
d.

[CR001]

Are you divorced form the children's mother??

You need her consent to be able to register the children as British if you are not married to her

[vinny]

I was reading the articles on applying British citizenship but I don’t think my daughters have rights to apply for citizenship. The whole article is about the father’s status at the time of children born in the UK.
In my case:
a. Father/mother were Pakistani national when children born in the UK. Children left the UK and started living in Pakistan in 2009.
b. Father got settlement status through EU scheme settlement in 2021.
c. Children are still living in Pakistan and applied to join their father in the UK.
c. How British born children are able to apply British citizenship in above circumstances? They were born before I got a settlement status.
OMG too much confusion in my mind.
d.

Entitled under Section 1(3).

[sanyari77]

Are you divorced form the children's mother?? Yes

[sanyari77]

A person born in the United Kingdom after commencement......
Whereas my children were born before commencement...And they are not living in the UK.

[sanyari77]

Dear Vinny/CR001:
Everything you are refering here are for the children born after commencement, where does it says that children born 'before' father gets settlement status are also eligible for citizenship even if they are not living in the UK. I am saying this again and again that they are not living in the UK and they were born before I got settled status.

[CR001]

Any child born in the UK, regardless of where they now live, are entitled to register as British once either parent is granted ilr. This is a fact and applies while the child is UNDER 18 years of age.

Read (3) in the link Vinny provided!

[sanyari77]

All the articles in section 3 are referring to the children born in the UK ‘ON OR AFTER’ commencement. Nothing specifically for the children born ‘BEFORE’ settlement.

[secret.simon]

I am beginning to deeply sympathise with missionaries, who get the door slammed in their face, even when proclaiming the "good news". While I may not agree with them, I will try to be less dismissive of them from now on.

Commencement has nothing to do with settlement.

"Commencement" is the date of commencement of the British Nationality Act 1981, which was commenced (came into force/became law) on 1st January 1983.

So Section 1(3) applies to all children born in the UK after that date/("commencement" of the Act), whose parents were not settled/did not have ILR before their date of birth but who acquired ILR/Settled Status after the child's birth.

Below is the text of Section 1(3).

A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—
(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b)an application is made for his registration as a British citizen.

Let's translate it.

A person born in the United Kingdom after 1st January 1983

who is not a British citizen because at the time of their birth neither parent was (1) a British citizen or a person settled in the UK, (1A) or in the UK Armed Forces or (2) the child was not found abandoned in the UK

shall be entitled (i.e can't be refused, except on good character grounds) to register as a British citizen

if, before their 18th birthday (while they are a minor)

(a)his (or her) father or mother becomes a British citizen or becomes settled (by acquiring ILR, for example) in the United Kingdom; and

(b)an application is made for his (or her) registration as a British citizen

Does the translation help? Do your children meet these requirements?

[vinny]

Thanks, secret.simon. For the avoidance of doubt, I've added a link to this post.

Interpretation

“ commencement ”, without more, means the commencement of this Act;

Where 53

(1) This Act may be cited as the British Nationality Act 1981.
(2) This Act, except the provisions mentioned in subsection (3), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and references to the commencement of this Act shall be construed as references to the beginning of that day.
....

P1
Power of appointment under s. 53(2) fully exercised: 1.1.1983 appointed by S.I. 1982/933