Page 1 of 1

Residence requirement for over 13 years ILR dependant (1(3))

Posted: Thu Aug 11, 2011 1:53 pm
by mk357
Hi everyone,
I want to know whether there is any Residence requirement, as mentioned in Section 2 (2.1 to 2.4) of the MN1 Form when applying under Section 1(3) of the Act for a dependeant of an ILR. The dependant, now over 14 years old, was born here when the main applicant was on a student visa but now has ILR.

Posted: Thu Aug 11, 2011 2:09 pm
by vinny

Posted: Thu Aug 11, 2011 3:41 pm
by mk357
vinny wrote:No residential requirements, if under 18.
Thanks Vinny. I already had read the post but there is one other post on this forum, which says that the residence condition does not apply to children under 13 years, so I assumed that it would be to children over 13 years old. So should we leave Section 2 of the Form MN1 blank for dependant applying under Section 1(3) of the Nationality Act?

Posted: Thu Aug 11, 2011 3:51 pm
by Jambo
There is a difference if this is registration by discretion or entitlement. There is no residence requirement for registration under section 1(3) (entitlement).
You can cross out section 2.

Posted: Thu Aug 11, 2011 10:52 pm
by mk357
Jambo wrote:There is a difference if this is registration by discretion or entitlement. There is no residence requirement for registration under section 1(3) (entitlement).
You can cross out section 2.
Thanks Jambo and Vinny. Section 1(3) is by entitlement so there shouldn't be any residence requirement.