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On Discretion basis MN1 application for child born outof uk

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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sameer9966
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Joined: Wed Jan 06, 2010 4:12 am

On Discretion basis MN1 application for child born outof uk

Post by sameer9966 » Tue Feb 07, 2012 2:53 am

Hi,

I learned that even without having ILR I can apply British Citizenship for 6yrs child born out of uk on the basis of discretion,

I/father got british citizenship, mom got ILR recently, i did not include this child in mom`s ILR application as a dependant to save some money,
because it came in my knowledge that i can apply MN1 on discretion.

Please gimme your kind advice,

that how shall i make understand to the case dealing officer that this application is based on discretion. Any covering letter required, if yes
can you please gimme wordings to draft that covering letter.

thanks

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Feb 07, 2012 7:51 am

Your child will apply under section 3(1). This is already application under discretion. There are no formal requirements to meet although there are some the HO will expect your child to meet.

I don't see any reason to add a cover letter to the application. If you wish, you can add in Page 13 a few sentences in the lines of:
Other information not covered in the application wrote:although the child doesn't have ILR, I believe the child circumstances demonstrated that it is the child's best interests to be granted British citizenship
.
Last edited by Jambo on Tue Feb 07, 2012 7:52 am, edited 1 time in total.

John
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Location: Birmingham, England
United Kingdom

Post by John » Tue Feb 07, 2012 7:51 am

I learned that even without having ILR I can apply British Citizenship for 6yrs child born out of uk on the basis of discretion
Learned from where? The source of that information?

We are talking here about an "at discretion" section 3(1) application. Where is the evidence that UKBA will exercise their discretion in favour of your child, without ILR?

You can clearly apply, but the important factor is whether the application will be successful.
John

vinny
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Post by vinny » Tue Feb 07, 2012 8:15 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sameer9966
Newbie
Posts: 45
Joined: Wed Jan 06, 2010 4:12 am

Post by sameer9966 » Tue Feb 07, 2012 8:51 am

Thanks very much for your all kind advices:

John as u said:
You can clearly apply, but the important factor is whether the application will be successful.

why they might not accept this application?

as i said child`s mom has got ILR recently, do u think they might ask and refuse for the reason of why child has not been included as a dependent in her mom`s application of ilr .

Please advice.
thanks.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Feb 07, 2012 9:24 am

On a related note - your wife ILR was granted now although she did not complete the 2 years spouse visa? Did the HO include her time under tier-1 PSW dependant visa?

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Feb 07, 2012 9:36 am

why they might not accept this application?
If you read the document kindly linked to by Vinny you will see that it is not impossible for the section 3(1) application to be granted, but nor is it guaranteed that Registration will be successful.
John

sameer9966
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Posts: 45
Joined: Wed Jan 06, 2010 4:12 am

Post by sameer9966 » Wed Feb 08, 2012 8:35 am

Thanks Jambo,

although the child doesn't have ILR, I believe the child circumstances demonstrated that it is the child's best interests to be granted British citizenship

It is a very good sentence to mention in the application,

Can v add some words like DISCRETION or sec-3(1) anywhere in the sentence, can u add these words please.

Thanks [/u][/b]

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Feb 08, 2012 8:45 am

You can add that if you wish but you don't really need to. The first question on the form asks you under which section the child is applying so it is clear that the application is under 3(1) which is by discretion.

sameer9966
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Posts: 45
Joined: Wed Jan 06, 2010 4:12 am

Post by sameer9966 » Wed Feb 08, 2012 10:15 am

thank u very much

muhami01
Newly Registered
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Post by muhami01 » Sun Jun 03, 2012 11:53 pm

Did you apply for your child?
Thanks

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