My son's BC MN1 under section 3(1): Best interest

[angela05]

Dear members,

Would you please help my son's application for the BC MN1 under section 3(1)- best interest?
I will explain my family's background:

Recently, my 16 year old son (born abroad) obtained the ILR and I am planning to apply for his BC under section 3(1) best interest.
He is in the lower sixth form and he will take his AS exam this May.
I am his mum and I also hold the ILR since April, 2013.
But my husband (not British) lives and works in his home country since 2008, so he doesn't have any uk related visa.

I and my son have been living in the UK nearly 16 years (We first arrived in the UK on April 1998 and my son was 10 month old baby at that time). My two other children (born in the UK) already have the BC. Since 1998, I and my son visited our home country only 5 or 6 times and stayed around two weeks each time.

I have read through the post here Citizenship FAQs and Section 9.17, kindly posted by Jambo.
While reading Section 9.17, I feel that my husband’s absence in the uk would be a problem for getting my son’s BC. Am I right?

My main questions are:
1. Can my son obtain the BC, if I apply for MN1 under section 3(1) (best interest part), despite my husband’s absence in the uk?
2. If I apply for my naturalisation on April 2014 (12 months residence requirement met) with my son’s MN1, would it be easier to get my son’s BC?

Which is a better option for getting my son’s BC? Apply for MN1 3(1) now?
or Apply for my naturalization AN with my son MN1 3(1) on April 2014 together?
Would you please give me some suggestions? Your advice would be a tremendous help for me.
Thanks very much.

[Amber]

Does your husband have any contact or involvement with the child? Are you separated?

[angela05]

Hi Amber,

Thanks for your reply.
No, I am not separated. My husband visits us once a year and he financially supports us.
Do you think there would be a problem for my son's MN1 under section3(1) as well as my naturalisation AN?

[Jambo]

Why did your son only obtain ILR now? Did you apply under the 14 years rule?

Better you both apply together.

[angela05]

Hi Jambo,

Thanks very much for your reply!
Yes, my ILR was approved under the 14 years rule.
At that time, I didn't apply for my son's ILR with me, because I was advised that my ILR might be rejected.
After my ILR was approved, I applied for my son's ILR in October 2013 under the SET (F).

If I apply for the BC with my son together, do you think I and my son will get the BC?
Do you think I better go to the solicitor for this? or the NCS is enough?

I already spent a lot of money for a solicitor since 2008.
This time I want to do in the NCS, if possible.
Would you please give me some advice? Thanks.

[Jambo]

For naturalisation, you need to have 5 years of legal residence in the UK. Not just 1 year after ILR. You legal time started when you applied for ILR under the 14 years rule so you will only meet that requirement 5 years after that date. There is room for discretion by the caseworker for such cases but I suggest you first read the guidnelines (section 8 here).

[angela05]

Hi Jambo,

Thanks for your kind reply!!
The Section 8 is very difficult for me. I tried to read it but don't understand much.

During my 16 years stay in the UK, my family had a proper visa except 2002-2003 nearly one year
(this was because I and my husband forgot to extend our visa even though he was a phD student).
Therefore, since 2004, I continuously renewed our visa and stayed in the UK legally.
Of course, when I applied for the ILR under the 14 years route, I and my son had a visa.

I don't understand 5 years of legal residence in the uk. I always have a legal stay since 2004.
Does it mean I qualify 5 years of legal residence? Am I right?
Would you please advise me whether I can apply for my naturalisation this April or not?

[Jambo]

I (wrongly) assumed you were illegal as this is the case for most applicants going down the 14 years route. If you were legal in the past 5 years, then there is no need to worry about it.

[angela05]

oh, thank you very much!!!
One more thing I would like to ask you whether it is worth going to the solicitor for my and my son's BC applications.
Do you think a strong cover letter made by the solicitor is really important for our cases?
I might be able to write a cover letter but it would not be as strong as the one that the solicitor makes.
I don't know what to do...

[Jambo]

In most cases, there is no need to involve a solicitor for the application. But they can be helpful in some cases. I would think it would be difficult to tell you if you need one or not.

Why do you want to write a cover letter? What would you add there which is not covered by the application?

[angela05]

Hi Jambo,

I really appreciate for your quick response!!
Don't we need a cover letter for the application? It is surprising.
My previous solicitor sometimes tells me the emphasis of the cover letter.
If I don't need a cover letter, it would be much easier to prepare the application.

I am more likely to go to the NCS.
Because my son goes to a school trip abroad this July, so he needs his passport by early July.
I read this forum here that the NCS sends the application with the copies our documents.
It means I and my son can hold our passports. Am I right?

[Amber]

See also, 9.17.2, 9.17.3, 9.17.4 and 9.17.9 (click).

[angela05]

Hi Amber,
Thanks very much for your link!!