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Help with family member visa
Posted: Thu Nov 15, 2018 12:33 pm
by phanidhar6039
Hi,
My wife has qualified for ILR from September 2018 on 5 year route. Can we apply like below
Apply same day appointment and get ILR for my wife and than apply by post for my 4 yrs kid in UK or is it mandatory to have a adult application with kid?
kid born outside UK can apply alone within Uk, than which form should be used
My wife got qualified for ILR as tier 1 dependent route and i hold BP from Aug 2017.
Any inputs will be great?
Re: Help with family member visa
Posted: Sun Jan 13, 2019 9:47 pm
by phanidhar6039
phanidhar6039 wrote: ↑Thu Nov 15, 2018 12:33 pm
Hi,
My wife has qualified for ILR from September 2018 on 5 year route. Can we apply like below
Apply same day appointment and get ILR for my wife and than apply by post for my 4 yrs kid in UK or is it mandatory to have a adult application with kid?
kid born outside UK can apply alone within Uk, than which form should be used
My wife got qualified for ILR as tier 1 dependent route and i hold BP from Aug 2017.
Any inputs will be great?
Any inputs will be great help and just to reiterate
I have British passport from Aug 2017 and my wife qualified for ILR on Sep 2018 and yet to apply.
I have a 4 years kid who is born in India and living with me from Feb 2015 at the time of Birth i was on Tier 1 visa.
My query is that can i apply ILR for my wife and apply citizenship (MN1) for my kid?
Any inputs will be really helpful
Re: Help with family member visa
Posted: Sun Jan 13, 2019 10:02 pm
by Casa
As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
Re: Help with family member visa
Posted: Sun Jan 13, 2019 10:12 pm
by phanidhar6039
Casa wrote: ↑Sun Jan 13, 2019 10:02 pm
As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
Thanks Casa as i was getting confused as most of the people are saying to apply MN1 and that should be OK.
I had a look at the guidance of MN1 form and i understand i am not British by descent when child born outside UK.
Hope my understanding is right on this.
Re: Help with family member visa
Posted: Tue Jan 15, 2019 12:09 pm
by phanidhar6039
Casa wrote: ↑Sun Jan 13, 2019 10:02 pm
As your child was born outside of the UK while you were on a Tier 1 visa, they will be expected to hold ILR before registering for British citizenship.
Good Morning Casa,
I had a word with Home office and they were suggesting to apply MN1 for kid under section 3(1)
section 3(1) child whose parents are applying for British citizenship
Is it right?
Any advise will be great.
Re: Help with family member visa
Posted: Tue Jan 15, 2019 12:13 pm
by CR001
A child born abroad is expected to be 'free from immigration time restrictions', i.e. hold ILR.
A Section 3(1) application is at discretion of HO and can be refused if the requirements are not met.
Re: Help with family member visa
Posted: Tue Jan 15, 2019 9:19 pm
by phanidhar6039
CR001 wrote: ↑Tue Jan 15, 2019 12:13 pm
A child born abroad is expected to be 'free from immigration time restrictions', i.e. hold ILR.
A Section 3(1) application is at discretion of HO and can be refused if the requirements are not met.
I am confused with home office saying apply MN1 and not sure what to do now?
Code: Select all
https://www.whatdotheyknow.com/request/mn1_queries_on_ilr_and_residence
Re: Help with family member visa
Posted: Tue Jan 15, 2019 9:22 pm
by Casa
You weren't being advised by the Home Office. The 'help line' is staffed by an outside Agency, with advisors who are frequently incorrect on the information they give.
