Child to register for MN1 and Wife to apply spouse visa

[kashiqbal]

hello

I recently have been granted ILR (10 yrs of long residency) on 8th May 2014. I have 2 children who born in UK (2008 and 2009). I already have applied for their registration for British citizen on 12th May 2014 (sent originals to UKBA, not through NCS). My wife who has been in UK since 2006 but left UK for 1 year when she was on maternity is currently is on PBS Dependant visa (granted on 16th June 2012) needs to apply/ switch to spouse visa on FLR(M) form

I have 2 questions:

Q1. Since i already have applied for registration of my children Born in UK, therefore do i still have to meet the financial requirement of £24,800 or £18,600. ??

Please note that

(i) MN1 Guide clearly states that UK Born children have 'entitlement to register as British citizen' once one of the parent become british citizen or settled in UK. & (ii) FLR (M) form states how many dependants are applying with you. If you are applying as single applicant then there is requirement is £18,600. (FLR (M) form. Page 19, 7.2)

Q2. I am planning to submit my wife's application on 14th June 2014 and would like to wait until that time, just in case if I get my children's citizenship certificate before 14th June 2014. IF NOT, what if, I send my wife application WITHOUT certificate of citizenship of my children. Once i receive certificate, i will send it to UKBA along with covering letter stating reference number issued by them. Is that acceptable? or they will refuse application on the basis that 'at the time of applying for spouse visa, you did not provide certificate'? Please clarify

Many Thanks

[Amber]

That should be ok, until the child is actually British, the higher Financial Requirement will apply. Though, registration shouldn't be too long.

[kashiqbal]

Hi Amber Thanks for your reply

To be honest, I do not meet financial requirement of £24,800.. I have no other choice of waiting for Children's certificate of citizenship OR if i DO NOT get it in time then I have to send it later. I reckon, i will get it by the time my wife finish her biometrics.

Q1: Do you think that they will refuse application on the basis that 'At the time of applying for extension (FLR-M), you did not meet financial requirement because children were not registered at that time, therefore application is refused OR you think they will check in their system at the time of deciding application, which i think that children will be officially registered by that time?

I refer situation which normally happened to loads of students few years ago (not my case) when their colleges were shut down after they have applied for their student extension, where Home Office refused visas on the ground that 'At the time of deciding application your college was shut down'

Q2: Therefore, What's Home Office rule, Is it 'At the time of deciding application by case worker' OR 'At the time of applying for application'?

Thanks
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[shineangel]

Hi Amber Thanks for your reply

To be honest, I do not meet financial requirement of £24,800.. I have no other choice of waiting for Children's certificate of citizenship OR if i DO NOT get it in time then I have to send it later. I reckon, i will get it by the time my wife finish her biometrics.

Q1: Do you think that they will refuse application on the basis that 'At the time of applying for extension (FLR-M), you did not meet financial requirement because children were not registered at that time, therefore application is refused OR you think they will check in their system at the time of deciding application, which i think that children will be officially registered by that time?

I refer situation which normally happened to loads of students few years ago (not my case) when their colleges were shut down after they have applied for their student extension, where Home Office refused visas on the ground that 'At the time of deciding application your college was shut down'

Q2: Therefore, What's Home Office rule, Is it 'At the time of deciding application by case worker' OR 'At the time of applying for application'?

Thanks
----------------

Since you are the only one required to apply for leave to remain on flr M, you only need 18,600 , your children are not applying on flr M.

[kashiqbal]

Thank You, That makes sense... Can ANYONE ELSE share their experience on this issue please.. Thank You