Naturalisation app MN1, AN with possible emigration intent

[bonio_j]

I would like to register my lad (14 years old) as a British citizen - app MN1, he was born abroad, and have been living in
UK for past 8 years. I'm British myself, naturalised a year ago. On top of that my wife is just about to submit her
naturalisation application for herself as well (as a wife of a British citizen) they both have documents completed and
ready to be sent.

Now, I applied for American PR status (green card) some time ago (years ago) and just last week I received confirmation that my
Immigrant Visa is granted, as such my family is given one as well. At this point there are no plans for my family to
leave UK, they will likely stay in the country until January 2016, they might just go to US in the beginning of 2015 in
order to active their status, and then they would immediately fly back to UK for another year or so.

Starting from 2016, during that year they may still live half a year in each country so until 2017 (2.5 years ) my son
may still preserve strong bonds with UK.

Please note once you are granted PR status in US you get an American “Immigration” Visa in your passport, something like this
with clear visible immigration wording on it:
http://www.uscis.gov/sites/default/file ... ntvisa.jpg



I skimmed through basic requirements for both type of applications and I can find following:
AN:
You can apply for British citizenship (ADULTS) by naturalisation if:
…..
you’ll continue to live in the UK.

MN1:
And with regards to children I found following chapter in:
https://www.gov.uk/government/uploads/s ... apter9.pdf
Future intentions (p.39)
9.17.2 The most important criterion is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here.
9.17.3 If there is any information to make us doubt that the child's future lies here, for example:
 the child, or one or both parents, has recently left the country for a period of more than six months
 the child is about to leave the United Kingdom
 one or both parents is resident abroad,
we should write to clear up the point. If our doubts are serious, and we are still not satisfied this criterion is met, the application should be refused.

I believe case worker might have a right to question applications if American immigration Visa would have been disclosed,
they might be treated as persons who are just about to leave the United Kingdom - even if they might leave the country in a
year or two (or at all) so I think they simply muddied the waters with this directives to some extent (I would like to see the time period
in there so everything would be clear).

My question is as follow then, would that Immigration Visa impact application in any way at this point? My son nor my wife have not
left UK for more than couple of days per year (going many years back), all other requirements are met, its only that VISa
which bothers me.

Any help / advise will be appreciated.

[bonio_j]

Any advice on this, maybe there is someone who had similar situation in the past?

[vivdubes]

My opinion I guess you are worried for no reason here. Almost all of people who are naturalising they are saying that they intend to stay in UK but what if there is good opportunity to work out of UK or for any family reason why wont any one travel. I guess HO just wants every one to make sure that they should see their future in UK and just not take BC which is fair enough from their part but what is HO loosing if people wish to migrate to any where else or don't want to return. There would always be more people coming and paying these high paying fees anyway.

I guess from your perspective you should just put papers with all the relevant documents and shouldn't worry about your american connection. If they have any questions they can always come back to you.

[bonio_j]

I don't have faith in any common sense with relation to home office case workers, they already gave
me nothing but troubles with my wife's - quite simple - ILR application. I don't think they would even get back to me, i'm quite certain they simply turn down application (when having doubts about it), that's why I try to establish what to do, better be safe then sorry.

Thanks for your advise anyway.

[bonio_j]

Just following up on this, I submitted application with just my son's national EU id documents, passport was
not provided. I included comment on the cover letter explaining that ID's are provided (current and expired)
since my son was using those ID's exclusively while crossing the UK border, however I did not add anything on the
passport itself, so it was not said explicitly whether my son holds any passport or not.

2.5 months later we recieved his naturalisation certificate, so at the end of the day no one was questioning the
passport. This might probably act as a guideline for similar cases however your mileage may vary - you never know
how specific case might be handled.