MN1 refused- child dependent visa expired- Help!!

[ayoubtt]

I am a british national as of 2012 and so are two younger children. My wife and eldest daughter who is 6 yrs old and born overseas before I had settled status; were my dependents and their LTR was running out November 2013.

I applied for ILR for my wife and registration for my daughter via MN1 section 3(1) both at the same time in November 2013.

Daughters application returned refused in february 2014 stating that as mother does not have settled status they are refusing but I can re-apply once mother gets ILR.

Mother received ILR end of March 2014 and I booked appointment with Nationality checking service for resubmission of MN1 for my daughter.

Yesterday NCS during the checking told me that my daughter is not eligible for registration and has to apply for ILR first. She called someone to check and they said the same thing.

Today a call to the Home Office for ILR and im told that as my daughter has overstayed by more than 28 days a set(m) application would be refused. Alternatively leave the country and apply for entry clearance which again has less chances of success due to overstaying after an expired visa.

As of this morning I simply dont know what to do. Please please please can someone help me.

Further info:

Daughter:
Age: 6 yrs old
Born: Pakistan (At time of birth neither parents had british citizenship or settled status)
Current: Living in the UK with parents and siblings since 2009
Immigration: Now Expired Child dependant resident permit.

Father:
British National
Settled status in the UK since 2011

Mother
Pakistani National
Settled with Indefinite Leave to Remain since April 2014

Siblings
Both British Nationals

[Amber]

Although they would normally expect the child to be settled: 9.17.24, given the child's age and the the fact the child has been here since 2009 it should not be as important: 9.17.26. Therefore, so far as one parent is British and the other is settled, the child should be given the benefit of doubt so far as the child meets the other requirements. You may ask for a reconsideration (£80) explain that one parent is British, the other settled and that the child will be living in the UK permanently.

The child could be settled in the UK on SET(F).

[mamauk]

My brother was in a similar situation, when his 8 year old son was refused he reapplied but this time sent his sons registration alongwith his wifes naturalisation based on the 3 year residency even though she had only had her ILR for 2 days. Both applications were successful.

Maybe a senior member could see if this route would work for you.

Because I am quite sure your daughters ILR application will be rejected because her visa is expired then you have to go through reviews and appeals and so on.
But if it less than 28 days expired then you still stand a chance with SET (F).

EDIT: Sorry just saw that your daughters LTR was running out in november, so your way past 28 days.

[Amber]

I don't think it matters if the leave has expired for SET(F) as:

(ii) has or has had limited leave to enter or remain in the United Kingdom, and

[ayoubtt]

firstly thank you both amber and mamauk , my stress levels are reduced slightly from the guidance received.

I have read thorugh the links amber has provided and also looked up the scenario mamauk has mentioned.
If I do send both applications of my wife and my daughter for naturalisation and registration together I do see how it will be easier for the case worker to use discretion as then both my wife and I would have become british citizens and the two younger sibblings are already british.

So it would be in her interest to be registered in line with the rest of her family.

On top of that from the timelines I can see that a naturalisation or registration application is taking approximately 8 weeks. Which means I could take her to see the pyramids as promised with her in her summer vacations.

But similarly the SET(F) application from the links amber provided looks to be straight forward too due to the use of the words "has or has had limited leave to enter or remain in the United Kingdom"

Question:
Am I letting my judgement be clouded by my heart thinking that the naturalisation and registration together route is the best option in the circumstances?

[ayoubtt]

I have visited two professionals, one oisc lawyer and a barrister dealing with immigration cases and laid out all the information and the great links and information provided in this forum.

But

One advised to reapply for naturalisation, that the case is straight forward now that my wife has actually got ILR.

The other said no your daughter needs to apply for ILR and that I can even make a same day application if I wanted to, which is contrary to the ukba helpline where the lady said I cant make a same day application on form set(F) for my daughters case.


So confused now....I thought seeking professional help would be the right way out... but I feel more stuck now.

Amber, mamauk or someone else please any wisdom from experience to shed on the situation will be greatly helpful ?

[angela05]

I just can advise you should be very careful for the same day service for SET(F).
This is just for the straightforward case.
My son had a valid LTR and I had an ILR.
My solicitor double checked I can make a same day service, and I did.
But eventually, I did get nothing from the PEO.
My solicitor didn't understand the caseworker's decision..it's a long story...
Eventually I had to resubmit the application by post.

[ayoubtt]

I just can advise you should be very careful for the same day service for SET(F).
This is just for the straightforward case.
My son had a valid LTR and I had an ILR.
My solicitor double checked I can make a same day service, and I did.
But eventually, I did get nothing from the PEO.
My solicitor didn't understand the caseworker's decision..it's a long story...
Eventually I had to resubmit the application by post.

Hmmm thank you, I was actually keeping the same day option open as a back-up plan even though it would have cost me more than an arm and a leg and even cause me to reach my credit card limit.

From what Amber posted the immigration rules are very straight forward in the requirements, but I guess if things do go wrong then we dont really have anywhere to go but court, which means more fees, more costs and more time(stress is added for spice).

Any result from your postal application yet ?

[angela05]

In the end, the UKBA refunded the full fee for the same day service,
and my son got the ILR.

[ayoubtt]

I have posted the MN1 application for registration again... Fingers crossed, will keep everyone posted of the progress etc.

Thank you to everyone for your input especially Amber.

[ayoubtt]

UPDATE:

Dear all,

Just received the approval letter for my daughter in the post today.

Huge burden off my head. wishing everyone success as well who are still going through the process.

And BIGGGG thanks to all those who contributed towards helping me decide which course of action to choose after solicitors and the ncs and the home office could not make up their minds between themselves.

Best Wishes and Good Luck

[praveen123]

Hi ayoubtt,

I am in similar situation. My daughter's (who was born outside UK) registration application got refused while mine approved for BC. My wife has ILR. Also my child's visa expired 25th Oct '14. If you have applied by MN1 again what did you do differently this time? Could you please provide me list of docs you submitted?
Would you think it's not a good idea to go for reconsideration? Or should I go for ILR?

Thanks in advance for your time,
Praveen

[usama77]

help regaring future applications of kids

i got ilr along with my wife tier1 route .....i have 04 kids 03 born pak and 01 born in uk . my three kids still have tier1 dependent visa upto 2017 and uk born have no visa.

my query is can i apply UK Registration via MN1 form for all my kids or what possibilities for my kids.

[vinny]

I think that they prefer for the non UK-born kids to have ILR and for at least one of the parents to have British citizenship and the other parent to have at least ILR.

No problems with UK-born child.

[ayoubtt]

Hi ayoubtt,

I am in similar situation. My daughter's (who was born outside UK) registration application got refused while mine approved for BC. My wife has ILR. Also my child's visa expired 25th Oct '14. If you have applied by MN1 again what did you do differently this time? Could you please provide me list of docs you submitted?
Would you think it's not a good idea to go for reconsideration? Or should I go for ILR?

Thanks in advance for your time,
Praveen

Hi
I applied with the same documents as required before I.e. birth certificates passports , letter from current school, copy of mothers ILR, proof of my British Citizenship (copy of passport), proof of permanent employment to show ties and also long term plans to live and work in the UK. In addition to this a cover letter to explain this and a copy of the guidance notes with the relevant sections highlighted. The only difference was that this time my wife had received her ILR and I added the relevant guidance notes.
You can apply for a reconsideration but there is no guarantee of success because it can be argued that at the time of application for your childs registration you didnt have british citizenship. Then again you can argue in your reconsideration request that a final decision on the childs application should not have been made untill your application was decided. So if your not in a hurry you can for the reconsideration. Alternatively you can reapply. The decision is yours.

[usama77]

hi ayoubtt

can you please share cover letter which you sent with your daughters MN1 successful application
you can send PM or email me xxxxxxxxxxxx bc i see so many peoples with same situation on this forum home office refused their applications .
i just want to make sure i explain properly on cover letter as well i have three kids who born in pak and now have tier 1 visa till 2017 and me and my wife have ILR ...want to Skip ILR of kids as we already went through two tier1 extentions already.....too much fee already spent......lets see if i can save something.

thanks

[vinny]

Previous refusal.
Another one refused.

[ayoubtt]

hi ayoubtt

can you please share cover letter which you sent with your daughters MN1 successful application
you can send PM or email me xxxxx bc i see so many peoples with same situation on this forum home office refused their applications .
i just want to make sure i explain properly on cover letter as well i have three kids who born in pak and now have tier 1 visa till 2017 and me and my wife have ILR ...want to Skip ILR of kids as we already went through two tier1 extentions already.....too much fee already spent......lets see if i can save something.

thanks

From my own personal experience, the safest and most straightforward route to registration for children is the ILR and then registration process. So if your not in a hurry then do follow that route, as it will save you in repeated application fees as well as legal fees, which might end up costing you much more.

The reason for my suggestion is that firstly this is the route given by the councils checking service, the home office, the nationality directorate as well as a couple of barristers. So they all cannot be wrong.

I too have paid my hard earned savings in repeated applications and legal advice and would loved to have kept them saved if I had prepared earlier with the right information.

In regards to the covering letter, it just explained my personal family situation as well as everything I have mentioned in my previous post, so nothing special in that, just any other covering letter.

If you still think you need help with a covering letter then ill see if I can draft a generic one which others can use too if I get round to it that is.

[vinny]

Another refusal.

[ayoubtt]

Another refusal.

Im just at this one... definitely dont understand why there seems to be different interpretations of the same criteria by the case workers. Apart from myself I know of two others within extended friends circle who were in the same situation and were successful in their MN1 application after mine.

[satish333]

Another refusal.

Hi Vinny,
The application in this link meets all the criteria set out in chapter 9 BNA.

Could you advise what would be the best now as my child dependent visa is expired 30 days ago ?

Best regards
raj

[satish333]

Hi Vinny,

My Situation is different to other please see the link below...PLEASE HELP

http://www.immigrationboards.com/britis ... 77212.html

Regards
raj

[satish333]

Another refusal.

Hi Vinny,
My case is different to others in this post. Please see the above link.
Please HELP

Regards
Raj

[satish333]

Hi ayoubtt,

I am in similar situation. My daughter's (who was born outside UK) registration application got refused while mine approved for BC. My wife has ILR. Also my child's visa expired 25th Oct '14. If you have applied by MN1 again what did you do differently this time? Could you please provide me list of docs you submitted?
Would you think it's not a good idea to go for reconsideration? Or should I go for ILR?

Thanks in advance for your time,
Praveen

Hi
I applied with the same documents as required before I.e. birth certificates passports , letter from current school, copy of mothers ILR, proof of my British Citizenship (copy of passport), proof of permanent employment to show ties and also long term plans to live and work in the UK. In addition to this a cover letter to explain this and a copy of the guidance notes with the relevant sections highlighted. The only difference was that this time my wife had received her ILR and I added the relevant guidance notes.
You can apply for a reconsideration but there is no guarantee of success because it can be argued that at the time of application for your childs registration you didnt have british citizenship. Then again you can argue in your reconsideration request that a final decision on the childs application should not have been made untill your application was decided. So if your not in a hurry you can for the reconsideration. Alternatively you can reapply. The decision is yours.

Hi ayoubtt

I am in a similar situation. could you please share cover letter which you sent with your daughters MN1 successful application please, email me personal email details removed by moderator
I just want to make sure I explain properly on cover letter. I have two kids who born in india and their dependent visa is now expired. my wife have ILR and I am BC...want to Skip ILR for my kids and wish to go for a reconsideration.

Bets regards
Raj

[satish333]

Hi ayoubtt,

I am in similar situation. My daughter's (who was born outside UK) registration application got refused while mine approved for BC. My wife has ILR. Also my child's visa expired 25th Oct '14. If you have applied by MN1 again what did you do differently this time? Could you please provide me list of docs you submitted?
Would you think it's not a good idea to go for reconsideration? Or should I go for ILR?

Thanks in advance for your time,
Praveen

Hi Praveen,
I am in a similar sitaution. Could you please update what have you done in the end ?

Best regards
Raj