extending leave in UK by MN1

[jrs1984]

Hi,

My child, who was born in the UK, is having his current dependent BRP on 22 Jan'23. He has a TIER 2 ICT dependent visa on my wife's. I have now received ILR this week and planning to file for child's naturalisation by putting an MN1 application to HO. The application is expected to be made before 22 Jan'23.

Does this MN1 application submission extends child's legal rights to stay in the UK beyond BRP expiry? Or, any other immigration application need to be made for him to extend his stay beyond 22 Jan'23.

Thanks in advance for your advice.

[meself2]

Technically, MN1 doesn't provide any legal right to stay in the UK, since it's naturalization application, not immigration.
However, as the child is UK born, no visa is necessary:

A UK-born child can be registered as a British citizen once one parent settles. Use form MN1. Such a child has an entitlement to British citizenship and hence does not even need a valid visa

[CR001]

Does this MN1 application submission extends child's legal rights to stay in the UK beyond BRP expiry?

No it does NOT Citizenship is Not an immigration application.

Or, any other immigration application need to be made for him to extend his stay beyond 22 Jan'23.

UK born children do not need a valid visa to be registered as British. They have an entitlement to register regardless of their immigration status. The issue you might have is once his visa expires, he is not eligible for free NHS.

[secret.simon]

Does this MN1 application submission extends child's legal rights to stay in the UK beyond BRP expiry?

No. An immigration application made before the expiry of his visa would extend his immigration status.

But MN1, like AN, is not an immigration application (the immigration pathway ends at ILR). Therefore it does not extend the immigration status.

But, as a child born in the UK, he has an entitlement (i.e. can't be refused if the conditions are met) to be registered as a British citizen before his 18th birthday if either parent gets ILR. So, even if his visa is not extended, he will be registered as a British citizen.

PS: Overtaken by both meself2 and CR001 while typing my answer. I must type faster.

[jrs1984]

Hi,

Thank you. I understand now.

So only implication is of not having free NHS access. My wife has a family medical insurance via her company (child's name included), so I understand we should be able to go private route just in case if this is required?

Thanks.

[CR001]

Your understanding is correct yes.