Baby born in UK - Varying Tier 2 Dependent Visa application to MN1 Applicaton

[mosha]

Hi All,
(I am posting behalf of my friend and his family.)

We have a 6 months old baby born in UK. Baby parents are holding Tier 2 General PBS visa.
Now baby is holding Indian Passport and applied for Tier 2 PBS Dependent Visa. Now Baby's Tier 2 PBS dependent visa application is in-process and Baby's father is eligible for ILR and Now his ILR Set(O) application is in-process too.

Query 1- If In case, Father's ILR application is success and he received the new BRP details and at same time Baby's Tier 2 PBS dependent visa application still in-process. Can they vary the Baby's Tier 2 PBS Dependent application to MN1 application? and if yes. how can it be done?

Query 2 - for MN1 application, GP is not ready to provide as MN1 application Reference. is there any other options to get references for MN1 application for 6 month old baby?

Query 3 - Can both MN1 application references be by friends and family? will this be valid?

Thanks in advance to all for your inputs and valuable suggestions.

[secret.simon]

Can they vary the Baby's Tier 2 PBS Dependent application to MN1 application? and if yes. how can it be done?

No, because the Tier 2 PBS Dependant application is an immigration application under the Immigration Rules, while the MN1 application is an application under the British Nationality Act 1981. You can vary to another immigration application, not to a citizenship application.

Citizenship is not a part of the immigration pathway, which ends at ILR.

You can withdraw the baby's Tier 2 PBS Dependent application if the father's ILR application is successful. A UK-born child has an entitlement to being registered as a British citizen if one of their parents acquires ILR, even if the child themselves does not have a current visa.

[mosha]

Thanks Simon for detailed response. I understand the categorization here.

Q1 -If withdraw the Baby's Tier 2 PBS Dependent visa application (i.e. Post Bio-metric..since Baby's Bio-metric is submitted already for Tier 2 dependent visa application), will Paid Fee and Paid IHS be refunded? or only Paid IHS ?

Q2 - If decided to not to withdraw the Tier 2 application due to parents want to have anyone type of permission at the earliest and are free from travel restrictions (and come back to UK). We read that, anytime, there should be one active application with UKVI. while PBS dependent Visa Application is in-process, will this be possible to apply MN1?

Query 3 - for MN1 application, GP is not ready to provide as MN1 application Reference. is there any other options to get references for MN1 application for 6 month old baby?

Query 4 - Can both MN1 application references be by friends and family? will this be valid?

[secret.simon]

Q1 -If withdraw the Baby's Tier 2 PBS Dependent visa application (i.e. Post Bio-metric..since Baby's Bio-metric is submitted already for Tier 2 dependent visa application), will Paid Fee and Paid IHS be refunded? or only Paid IHS ?

To the best of my knowledge, only IHS, but wait for others to advise further.

We read that, anytime, there should be one active application with UKVI.

Only one immigration application. MN1 is not an immigration application.

Mind you that if the MN1 is granted while the PBS dependent visa is in progress, the latter should automatically be voided (as a British citizen can't hold any form of leave/UK visa), but you will almost certainly not get a refund.

Query 3 - for MN1 application, GP is not ready to provide as MN1 application Reference. is there any other options to get references for MN1 application for 6 month old baby?

Query 4 - Can both MN1 application references be by friends and family? will this be valid?

I have no first-hand experience of applying for MN1. Wait for others with more experience/knowledge to respond.

[CULLINAN]

For child applicants at least one of the referees must be a person who has dealt with the child in a professional role such as a teacher, doctor, health visitor or social worker. Where a child cannot provide a referee who has dealt with them in a professional capacity and has provided documents to show that they have attempted to do so, you can accept 2 referees who meet the criteria for referees on adult applications.

https://assets.publishing.service.gov.u ... 1.0EXT.pdf

Add a cover letter and explain. Arrange other referee as per adult criteria. HO is not strict when it comes to referee for young children.

If you withdraw after biometrics your application fee will not be refunded.

For IHS refund see:
https://www.gov.uk/healthcare-immigrati ... on/refunds

[mosha]

Thanks Cullinan and Simon for your inputs.

[mosha]

Hi All,
(I am posting behalf of my friend and his family.)

Need your suggestions about below case please.

We have applied for Tier 2 Dependent visa for our daughter (UK Born, 8 months old now) in the month of October 2020 (father is not in ILR status on this date) and It is still in process.
We received an email after 4 months (on 10/Feb/2021, father is in ILR status on this date) asking to submit Biometric and If any, call to UKVI, provide the reasons why you cannot.
(In the mean time father received ILR Status in JAN 2021 month. now father holds ILR status, has BRP card to prove it, and now baby eligible to apply for MN1 application)

Since we already attended Biometric on 9/Oct/2020. We called UKVI to convey same, they mentioned to reply to same email, provide the appointment details. we did this reply to email on 18/Feb/2021 as below.
"
Thanks for your email.
We have already attended the biometric appointment for xxx xxxxx on 9th October 2020 and The Biometric Service point address was
Lansdowne Road The Lansdowne Building, No 2 Lansdowne Road, Croydon Greater London CR9 2ER.

The purpose of application for baby was to travel outside during Christmas vacation and return to UK. i.e. Return to UK before 2nd week of Jan 2021 (i.e. where Parent's visa expiry date) and then apply for Parent's visa extension and Post that apply the 'Register child under 18 as British citizen (form MN1)' for baby based on Father ILR status.
We were hoping application will be processed within 8 weeks by max. But unfortunately decision hasn't come yet, until 13/Jan/2021 which was applied period for visa and We had received an UKVI email regarding Baby visa application delay due to COVID-19 on 29/October/2020.

But now Baby's mother Mrs. xxxxx considered as "Clinically Extremely vulnerable people" and she is at highest risk from COVID-19 and received couple of advise letters (since November 2020) from 'Department of Health and Social Care' to observe the COVID-19 restrictions/suggestions. Due to this, mother is considering to avoid any overseas travel. and Now the applied visa duration is crossed and purpose of visa
application become void.
So we would like UKVI to consider this as withdraw request for my baby application and
Could you consider this letter as request to refund the paid visa application fee please?.
Kindly Let us know if you have any comments / any procedure to follow regarding this application please. or Do you need any further details please?
"

and
Now on 9/03/2021 (today), we received another email "Biometrics reminder" asking us to submit biometric within 10 days from this email. and email details as below,

"
Thank you for your application for permission to stay in the UK.

We wrote to you recently to advise you that as part of your application you must now provide your biometric information (scanned fingerprints for all applicants over 5 years old, and a photograph).

If you do not give your biometric information your application will be rejected as invalid. This will apply even if you have provided all the other relevant information, documentation and payment to validate your application.

You now have 10 working days from the date of this notification in which to respond to us to confirm:

a) whether you wish to continue with your application and, if so,

b) that you have made and will attend an appointment at a UK Visa and Citizenship Application Service (UKVCAS) location and enrol your biometric information (including providing your appointment date) or

c) advise us if there are particular circumstances that mean you are unable to make an appointment to enrol your biometric information within the specified time frame and explain why you are unable to do so. We may request more information and evidence about why you are unable to enrol your biometric information.

You can book an appointment by returning to your online application and following the instructions to book an appointment at a UKVCAS location, or if you have already registered a UKVCAS account you can access this account to book an appointment.

Once you have booked your appointment, please make every effort to attend. If you do not respond to this notification your application may be rejected as invalid.

If you have booked an appointment already, you must make every effort to attend this appointment. If you do not enrol your biometric information and do not advise us of any circumstances why you are unable to do so and provide the required documents your application may be rejected as invalid.

If you no longer want to continue with your application, please visit this link https://www.gov.uk/cancel-visa


The next section sets out how to make a biometric enrolment appointment, and what you can expect when you attend.

Yours sincerely
"

Now father has ILR status and mother received her dependent visa extended and Now we are planning to apply for MN1 application. we are not sure how to reply for this email.

Query1 - if we not reply to this and as they mention in email "rejected as invalid." - will they process of refund of application fee here? or only IHS will refund?

or

Query 2: if we say, we are not required this anymore and for their information, we provide all biometric appointment details as submitted prev. will this be considered as request for withdrawal , since they couldn't take decision in service time and now purpose of application become void.

a) whether you wish to continue with your application and, if so,
--> NO
b) that you have made and will attend an appointment at a UK Visa and Citizenship Application Service (UKVCAS) location and enrol your biometric information (including providing your appointment date) or
--> give 9/Oct/2020 biometric appointment details again and attach appointment acknowledgement
c) advise us if there are particular circumstances that mean you are unable to make an appointment to enrol your biometric information within the specified time frame and explain why you are unable to do so. We may request more information and evidence about why you are unable to enrol your biometric information.
--> mention that, now father has ILR status, would like to go for MN1 application and So please consider this as withdrawal application and please consider to refund the application fees.


please provide your any valuable suggestion/experience on above such case please.

Thanks all!

[CULLINAN]

The problem is that you can not be sure if this biometrics reminder is sent in error or not. It could be a generic standard reminder letter. So maybe you can do nothing and wait if the application is rejected as invalid. I am not sure if application fees and IHS will be refunded in this case? Some else can confirm?

As the child has already attended biometrics in Oct 2020, there are no grounds for a refund in case of withdrawal unless HO applies discretion to the situation.
Obviously, responding to the letter, I would advise to be truthful and mention the exact situation. Explain and request to withdraw but return the fees.
You can only hope that HO applies discretion in this case and withdraws the application returning the money.

PS: Log in to the UKVCAS account, if the document files say “submitted” in front of the file names, then it means the application is submitted and biometrics were successful already (unless there are some problems with biometrics).

[mosha]

Hi Cullinan,

Thanks for your reply.

Just looked into UKVCAS account. all the document are in submitted status.

I would like to wait a day for any responses from others. as advised, I will share all the details as of today and explain the change in circumstances and will request to consider for withdrawal of application and consider to refund the application fees.

Kind Regards