Query Regarding MN1 application for Children born outside the UK

[bossbaby82]

Hi Moderators,

Firstly, my apologies if the below question has already been asked and answered. I checked the forum and read most of the questions, but couldn’t find any answers previously for my situation - hence need your help

Brief Background:

I’m originally from India and living in the UK from 2010. Received my ILR (via 10 year Long Residency Route) in March 2021. I have applied for the naturalisation in March 2022 and awaiting confirmation.

I applied FLR(M) for my wife and two daughters (born in India in the year 2008 and 2016) in April 2021 (once I received by ILR) and they received their BRP card in May 2021.

My wife is still under ILR dependant and will be eligible to apply for her own ILR under Long Residency Route from May 2024 or being ILR dependant for 5 years, which will be May 2026.

Can you please clarify the below questions

Q1. Can I apply for MN1 for my daughters when both of us - my Wife and I haven’t got our British Citizenship via Naturalisation?

Q2. If Yes for Q1 - Can I apply MN1 form for both my daughters’ now as I got the ILR already (or)

Q3. Should I wait to get my Naturalisation completed and then apply MN1 for my daughters - so that I can apply under the section that states - ‘Child born outside the UK and one of the parent must either be British or settled in the UK (i.e., Me) and other parent (i.e., my Wife) has an immigration status that will lead to settlement’ ?

Q4. If the answer is yes for Q2 and Q3, to one of above questions - can my daughters’ travel using their Indian passport even after the application has been submitted and decision pending?

Really appreciate your help and please let me know if any further questions

Thanks & Regards,
SH

[vinny]

As your children were born outside the UK, they expect them to eventually apply for ILR with their mother. I think they should continue to apply for leave to remain in line with her.

[bossbaby82]

Hi Vinny,

Thanks a lot for your quick response.

I read in the FAQ section and it states as below

If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17.

My children aren't eligible based on the above scenario? i.e., I applied for Naturalisation, my wife is holding a FLM(R) (which is close to holding an ILR). Is this not correct?

Please clarify.

[vinny]

indefinite Leave to Remain (ILR) is different from Further Leave to Remain (FLR) (FLR(M)).