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Child Born in Uk

Posted: Tue Oct 22, 2019 11:04 pm
by ZHA1162
Hi
I have strange situation with my daughter application. The facts are as under;

1. My daughter was born in Sept. 2014 in UK during the period of our initial grant.

2. She applied extension as my dependent which is granted until Sep. 2017 along with other dependents;

3. Our ILR is due in May 2019 and I applied ILR with other dependents except her as she is not 5 years old

4. Before expiry of her leave in Sept. 2019 and during tendency of rest of family ILR application i applied her ILR application as well as she is 5 now and I do not want her to be treated as overstayed

5. Now we got ( rest of the family) our ILR with the grace of Almighty Allah except her as she applied in Sept. 19 only

6. Now as per rules she is eligible to Register as British Child and I can apply for British Passport but my question is

A. How can I register her S her ILR application is still pending with homeoffice? Can someone guide me pls

B. Secondly what is the next step for my other kids who are under 11 and born outside UK but now both Parents got ILR. plz guide

Thanks

Re: Child Born in Uk

Posted: Tue Oct 22, 2019 11:24 pm
by CULLINAN
ZHA1162 wrote:
Tue Oct 22, 2019 11:04 pm
Hi
I have strange situation with my daughter application. The facts are as under;

1. My daughter was born in Sept. 2014 in UK during the period of our initial grant.

2. She applied extension as my dependent which is granted until Sep. 2017 along with other dependents;

3. Our ILR is due in May 2019 and I applied ILR with other dependents except her as she is not 5 years old

4. Before expiry of her leave in Sept. 2019 and during tendency of rest of family ILR application i applied her ILR application as well as she is 5 now and I do not want her to be treated as overstayed

5. Now we got ( rest of the family) our ILR with the grace of Almighty Allah except her as she applied in Sept. 19 only

6. Now as per rules she is eligible to Register as British Child and I can apply for British Passport but my question is

A. How can I register her S her ILR application is still pending with homeoffice? Can someone guide me pls

B. Secondly what is the next step for my other kids who are under 11 and born outside UK but now both Parents got ILR. plz guide

Thanks
You did not have to apply for ILR for your UK born child. Her visa expiry had no impact on her eligibility to register as a BC after your ILR.
You will have to register her as BC via MN1. Once thats approved, she will be able to apply for a British Passport.

Rest of your kids do not qualify for BC. They will qualify when both parents qualify.

You can just write to HO and withdraw her application and request for a refund. Explain that you have to register her as ILR. Hopefully they will acknowledge and refund you the money.

Wait for someone else to confirm the last refund bit I mentioned.

Re: Child Born in Uk

Posted: Wed Oct 23, 2019 2:29 am
by zimba
Your UK born child can become British now and she does NOT need ILR. Register her under MN1. You will NOT get a refund if you withdraw ILR
Your other kids can apply for citizenship with you and your spouse next year.

Re: Child Born in Uk

Posted: Wed Oct 23, 2019 12:02 pm
by ZHA1162
Thanks for your Reply. Zimba, as you mentioned that i cannot get the refund of her ILR Application so what should i do first

1. Should i apply her registration via MN1 and put a cover letter explaining that her ILR application is also pending.

2. or, Should i write home office first explaining the situation and thereafter apply MN1

The reason i am asking i know ILR and Registration are 2 different Departments but i do not want confuse home office with 2 applications.

Please guide

Re: Child Born in Uk

Posted: Wed Oct 23, 2019 1:08 pm
by zimba
MN1 is NOT an immigration application, it is a nationality application. Go ahead and apply under MN1