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On Discretion basis MN1 application for child born outof uk
Posted: Tue Feb 07, 2012 2:53 am
by sameer9966
Hi,
I learned that even without having ILR I can apply British Citizenship for 6yrs child born out of uk on the basis of discretion,
I/father got british citizenship, mom got ILR recently, i did not include this child in mom`s ILR application as a dependant to save some money,
because it came in my knowledge that i can apply MN1 on discretion.
Please gimme your kind advice,
that how shall i make understand to the case dealing officer that this application is based on discretion. Any covering letter required, if yes
can you please gimme wordings to draft that covering letter.
thanks
Posted: Tue Feb 07, 2012 7:51 am
by Jambo
Your child will
apply under section
3(1). This is already application under discretion. There are no formal requirements to meet although there are some the HO will expect your child to meet.
I don't see any reason to add a cover letter to the application. If you wish, you can add in Page 13 a few sentences in the lines of:
Other information not covered in the application wrote:although the child doesn't have ILR, I believe the child circumstances demonstrated that it is the child's best interests to be granted British citizenship
.
Posted: Tue Feb 07, 2012 7:51 am
by John
I learned that even without having ILR I can apply British Citizenship for 6yrs child born out of uk on the basis of discretion
Learned from where? The source of that information?
We are talking here about an "at discretion" section 3(1) application. Where is the evidence that UKBA will exercise their discretion in favour of your child, without ILR?
You can clearly apply, but the important factor is whether the application will be successful.
Posted: Tue Feb 07, 2012 8:15 am
by vinny
Posted: Tue Feb 07, 2012 8:51 am
by sameer9966
Thanks very much for your all kind advices:
John as u said:
You can clearly apply, but the important factor is whether the application will be successful.
why they might not accept this application?
as i said child`s mom has got ILR recently, do u think they might ask and refuse for the reason of why child has not been included as a dependent in her mom`s application of ilr .
Please advice.
thanks.
Posted: Tue Feb 07, 2012 9:24 am
by Jambo
On a related note - your wife ILR was granted now although she did not complete the 2 years spouse visa? Did the HO include her time under tier-1 PSW dependant visa?
Posted: Tue Feb 07, 2012 9:36 am
by John
why they might not accept this application?
If you read the document kindly linked to by Vinny you will see that it is not impossible for the section 3(1) application to be granted, but nor is it guaranteed that Registration will be successful.
Posted: Wed Feb 08, 2012 8:35 am
by sameer9966
Thanks Jambo,
although the child doesn't have ILR, I believe the child circumstances demonstrated that it is the child's best interests to be granted British citizenship
It is a very good sentence to mention in the application,
Can v add some words like DISCRETION or sec-3(1) anywhere in the sentence, can u add these words please.
Thanks [/u][/b]
Posted: Wed Feb 08, 2012 8:45 am
by Jambo
You can add that if you wish but you don't really need to. The first question on the form asks you under which section the child is applying so it is clear that the application is under 3(1) which is by discretion.
Posted: Wed Feb 08, 2012 10:15 am
by sameer9966
thank u very much
Posted: Sun Jun 03, 2012 11:53 pm
by muhami01
Did you apply for your child?
Thanks