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child born abroad to settled person

Posted: Mon Aug 08, 2016 7:56 pm
by jehangirtajik
Hi everyone

i need some help regarding my daughter's naturalization or registration.

she was born on 02/02/09 in Pakistan and at that time i was on PSW (post study work) then i got ILR on 17/11/10 and applied for
my daughter and my wife's dependent visa which they got on 20/11/11 and entered in UK on 20/01/12.

on 13/06/12 i got British citizenship.

its been 4 and a half years in total she has been living with me and 4 years and a month after i got British Citizenship. her dependent visa is expiring on 4th of Oct/16.

before that i want to apply her registration to British citizen.

My question is can i fill form MN1 under section 3(5).

any response would be great.

thank you

Re: child born abroad to settled person

Posted: Mon Aug 08, 2016 7:59 pm
by noajthan
Mother and child need ILR first.
Then shoot for registration for child.

Re: child born abroad to settled person

Posted: Mon Aug 08, 2016 8:22 pm
by secret.simon
jehangirtajik wrote: My question is can i fill form MN1 under section 3(5).
No. One of the requirements for registration under Section 3(5) is that the parent is a British citizen by descent at the time of birth of the child. As you got your citizenship by naturalisation, you are a British citizen otherwise than by descent.

Your daughter can be registered under Section 3(1), but the current expectation for such registration is that both mother and daughter must have ILR before that, as noajthan advised.

Till that time, your daughter should be on the same visa status as its mother.

Re: child born abroad to settled person

Posted: Mon Aug 08, 2016 8:28 pm
by noajthan
Plenty of failures reported here from sadder but eventually wiser parents who had begrudged (and tried to skip) the ILR fee for junior 'kid'.

Re: child born abroad to settled person

Posted: Mon Aug 08, 2016 10:15 pm
by jehangirtajik
thank you everyone for your kind reply.

in that case i may ask another question as my wife and daughter has completed 4 1/2 years as my spouse.

and they entered on 20/01/12 on spouse visa. after passing life in UK test is my wife eligible to apply for ILR?

so could apply for both my wife and daughter.


its only because some people telling me that they have to complete 5 years with me in UK.

Re: child born abroad to settled person

Posted: Mon Aug 08, 2016 10:26 pm
by CR001
If they have had Dep visa since arriving in the UK in Jan 2012, they fall under the pre 9 July 2012 rules which means they only need 2 years residence.

You can apply for wife and child at the same time on one Set(O) form.