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British Citizenship for my Son
Posted: Wed Apr 02, 2014 9:38 pm
by Shavi2013
I completed my 10 years of lawful residence in the UK and applied for ILR and was granted on 01/03/2014.
My son is 6 years old and was born in the UK. His resident permit was only up to 28/02/2014 and in early Feb I submitted form FLR(O) through my solicitor requesting an extension to his stay till my ILR gets processed.
Once I got my ILR, I forwarded a Form MN1 requesting to register my son as a British Citizen since I am now a settled person.
I have few questions regarding my situation
Now that I am a settled person, do I need to extend my son’s visa?
Does he need a visa till his citizenship application gets processed?
My solicitor has received a letter from UKBA requesting to submit a form FLR(FP) instead of FLR(O). Not sure which form is the correct form in my case?
My solicitor is confused and I am confused. Much appreciate if someone could provide some advise.
Re: British Citizenship for my Son
Posted: Wed Apr 02, 2014 9:52 pm
by CR001
Shavi2013 wrote:I completed my 10 years of lawful residence in the UK and applied for ILR and was granted on 01/03/2014.
My son is 6 years old and was born in the UK. His resident permit was only up to 28/02/2014 and in early Feb I submitted form FLR(O) through my solicitor requesting an extension to his stay till my ILR gets processed.
Once I got my ILR, I forwarded a Form MN1 requesting to register my son as a British Citizen since I am now a settled person.
I have few questions regarding my situation
Now that I am a settled person, do I need to extend my son’s visa? No, registration for a UK born child is an entitlement under section 1(3)
Does he need a visa till his citizenship application gets processed? No
My solicitor has received a letter from UKBA requesting to submit a form FLR(FP) instead of FLR(O). Not sure which form is the correct form in my case? It is a different department and probably at a different location, that deals with FLR(FP) and FLR(O) applications to the one that deals with MN1 applications. Where did you send the MN1 form?
My solicitor is confused and I am confused. Much appreciate if someone could provide some advise.
Re: British Citizenship for my Son
Posted: Wed Apr 02, 2014 10:14 pm
by Shavi2013
Many thanks for your reply. I submitted MN1 form through my local council , not through my Lawyer.
In that case I will notify HO regarding my son's MN1 application and withdraw pending visa application.
Thanks again.
Re: British Citizenship for my Son
Posted: Wed Apr 02, 2014 10:19 pm
by CR001
Yes, if you advise the caseworker/department dealing with the FLR(O) or FLR(FP) that you are withdrawing the FLR(O) application as you have submitted MN1 under section 1(3), this should be fine.
Re: British Citizenship for my Son
Posted: Wed Apr 02, 2014 11:27 pm
by Shavi2013
Many thanks for your prompt reply CR001.
Re: British Citizenship for my Son
Posted: Thu Apr 03, 2014 1:46 pm
by Shavi2013
CR001 wrote:Yes, if you advise the caseworker/department dealing with the FLR(O) or FLR(FP) that you are withdrawing the FLR(O) application as you have submitted MN1 under section 1(3), this should be fine.
Dear CR001,
Please advice, now my Lawyer says he can not withdraw my son's application as If I do not get citizenship for my Son, he will be overstayed. he is saying it is not guaranteed that my son get the British citizenship. I think he is bit disappointed that I did not use him to forward the Citizenship application. I did it my own through my local council. I did not want to waste any more money, besides MN1 is a straightforward application.
I have no doubts about my sons's citizenship application as He was born in the UK and now I am settled person.(ILR). I just do not understand my Lawyers point.
I think I should just ask him to withdraw my son's FLR(O) or FLR (FP) application.
please advice
Re: British Citizenship for my Son
Posted: Thu Apr 03, 2014 1:54 pm
by vinny
You are correct. Your son's immigration status, FLR(O) or FLR(LR) application, is irrelevant to his
entitlement to British citizenship. In a way, its outcome is guaranteed when the requirements are met.
Note that you still lose the fees if you withdraw his FLR(O) or FLR(LR) application. So, you might as well leave it be and don't worry about it. If you want, then you can just submit the FLR(LR) for fun if there are no extra fees involved.
Re: British Citizenship for my Son
Posted: Thu Apr 03, 2014 2:29 pm
by Shavi2013
Many thanks for your reply.
I know that I will not get a refund for my pending application. That is not my worry.
my main worry is that What if FLR (FP) is refused. I just do not want any negative comments on my son's visa history. FLR (FP) form did not make any sense to my son's situation.
Anyway i am sure about my sons's British citizenship application . So why should not I withdrew uncertain/unclear FLR (FP)?
I just do not understand my lawyer. I think he just wants to make things complicated.
Re: British Citizenship for my Son
Posted: Sun Apr 06, 2014 1:53 pm
by Shavi2013
Can I withdraw my son's FLR (FP) application on my own without my solicitor? initially I submitted this form through my solicitor.I know I can withdraw by filling a form on line and I have got all the references I need.
I really need your advice.
Thanks