ILR or MN1 - 10 Year Residence Child

[shal5566]

Thank you to all members of this forum and moderators for supporting the community.

I need your advise and guidance on my situation for my 14 year old child who came to UK in Oct 2015 and will complete 10 year lawful residence in UK under dependent visas Tier 2 ICT, Skilled worker since 2021.

Child has been studying in UK continuously and has made substantial connections including establishing social connections etc.

I have just received my ILR and child's other parent ( divorced ) is eligible for ILR too, not sure if they would apply ILR or wait until current visa which expires in 2027 apply then.

My question is -
1) Does my child need to get ILR first or can qualify under 10 year route under section 3 (1) secretary discretion?
2) Or if ILR is recommended for child then do we need to wait another 1 year for registration of citizenship?

3) How long and complex is secretary discretion? We can prepare all required documents including school/GP letters etc and provide everything that is needed.

Thank you all for your guidance, we look forward to your suggestions

[CR001]

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

[shal5566]

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

Last year it was not older child but younger one, he is eligible now directly for citizenship as born in UK. Older child is the 13 year old from last year and is 14 now.

[CR001]

I have 2 children -
Child 1 - 13 year old (born outside UK but now has lived 7 years continuously in UK )- Currently on skilled worker dependent visa till June 2024
Child 2 6.5 year old - Born inside UK and becomes eligible for ILR in 6 months time - Currently on skilled worker dependent visa till June 2024

This is what you said, which is what I specifically was referring to!!!

[shal5566]

Last year you posted that the older child only had 7 years continuous residence. Now you say the child has 10 years continuous residence. So which is it??

viewtopic.php?p=2159365#p2159365

There are very strict absence limits for 10 year child citizenship, no more than 90 days absence in any one of the years for the last 10 years.

Last year it was not older child but younger one, he is eligible now directly for citizenship as born in UK. Older child is the 13 year old from last year and is 14 now.

I was referring to the 7 year rule for ILR then, apologies for the confusion. Also no absence in 10 years greater than 90 days. So can we use MN1 instead of ILR?

[secret.simon]

If
(a) the foreign-born child is under the age of 18,
(b) the child has lived in the UK for 10 continuous years legally,
(c) with both parents also living in the UK legally for those 10 years,
(d) and the child is of good character,
then I think the child can register as a British citizen under Section 3(1).

Note that it is still at discretion and this provision is relatively new (introduced in July last year), so not much is known about its operation.

Also note that an MN1 application is not an immigration application and will not preserve the child's legal immigration status or access to free NHS healthcare if their current immigration status runs out.

If their current immigration status is due to run out, it may be wiser for the child to have an ILR application rather than an MN1 application.

As mentioned above, this provision is quite new and its operation at the moment is a known unknown.