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Does MN21 invalidate Tier 2 dependant leave to remain?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Hugo145
Newly Registered
Posts: 3
Joined: Fri May 12, 2023 10:29 am
Ukraine

Does MN21 invalidate Tier 2 dependant leave to remain?

Post by Hugo145 » Fri May 12, 2023 10:50 am

Hello,
I have read numerous threads on this topic but still unclear.

My 2 y.o. daughter was born in UK before I received ILR and has active Tier 2 dependent BRP until Sep '23.
1. If I apply now for her citizenship via MN21, will her citizenship invalidate her existing leave to remain? Or she will still be able to travel abroad using her existing BRP after getting certificate?
2. What happens if I wait beyond Sep '23 to apply for her citizenship, will this be a breach of immigration rules as her BRP will have expired?

Thank you.

meself2
Moderator
Posts: 3466
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Does MN21 invalidate Tier 2 dependant leave to remain?

Post by meself2 » Fri May 12, 2023 10:58 am

I assume you mean MN1, not MN21.
Hugo145 wrote:
Fri May 12, 2023 10:50 am
1. If I apply now for her citizenship via MN21, will her citizenship invalidate her existing leave to remain? Or she will still be able to travel abroad using her existing BRP after getting certificate?
Application itself has no effect on her leave.
As soon as she gets the certificate - yes, she won't have leave technically as British citizen cannot hold a UK visa. You'd have to apply for a passport for her - there's a fast track passport service for children, which is fast, but pricey.
If you would be abroad when certificate arrives (as they're sent by post), you can still come back on a BRP and explain the situation, assuming it's still valid, explain the situation and she would be let in just fine.
Hugo145 wrote:
Fri May 12, 2023 10:50 am
2. What happens if I wait beyond Sep '23 to apply for her citizenship, will this be a breach of immigration rules as her BRP will have expired?
First of all. application of citizenship does not give any right to stay in country on its own - it's not an immigration application.
Yes, she could technically be an overstayer - see post2103442.html#p2103442 for the discussion on this.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Hugo145
Newly Registered
Posts: 3
Joined: Fri May 12, 2023 10:29 am
Ukraine

Re: Does MN21 invalidate Tier 2 dependant leave to remain?

Post by Hugo145 » Fri May 12, 2023 11:51 am

Thank you meself2 for such a detailed response, this is now clear.
I assume CoE-RoA certificate could also be an alternative, but fast-track child passport sounds like the best option. Don't want to risk breaching immigration rules.
meself2 wrote:
Fri May 12, 2023 10:58 am
I assume you mean MN1, not MN21.
Yes, my bad, I meant MN1 of course.
Cannot edit the post topic anymore unfortunately, appreciate if forum admin can fix the title.

Thank you.

razergd1
Member
Posts: 120
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Does MN21 invalidate Tier 2 dependant leave to remain?

Post by razergd1 » Fri May 12, 2023 12:14 pm

I received the approval email abroad. The child received his citizenship on 31/3 and we entered the UK about a week later using his PBS dependent BRP without any issues.

However, technically once you have the certificate in hand you should stop using the BRP as it is invalid from that point.

Technically, you should be able to get into the country with the registration certificate but you may face delays. So better to get a passport/CoE.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

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