MN1 for born abroad child PBS dependent visa expiring soon

[kiran84]

Hi,

My situation is similar with little more complication.

Me and my husband are both settled in UK on 10 year basis.

My husband got his ILR on 17MAR15. So he can apply for naturalisation on 17MAR16.

I got my settlement recently on 04FEB16.

My younger son has got the British citizenship straight after my husband's ILR because he was born in UK.

The question is about my elder son who was born in India came to UK on 26FEB09. He has current visa (as a PBS dependent) till 08MAR16.

Can you please suggest what would be his route for the naturalisation? I can see following 2 options.

1. Can he apply for naturalisation straight away as a child of both parents settled?

2. Can he apply for naturalisation with my husband's naturalisation application on 17MAR16?

If yes, does he need to switch to some other visa category (for 9 days because his current leave expires on 08MAR16)?
If yes, which category?

Thanks...

Kiran

[CR001]

Children born abroad are expected to hold ILR. You risk refusal of his MN1 application,

How old is your elder son?

[kiran84]

Hi CR0001,

Thanks for having a look at my question.

My elder son is 7 years 4 months old and he came to UK just over 7 years ago.

What is your opinion on his current VISA expiring on 08MAR16 and my husband's naturalisation application on 17MAR16?

Kiran

[vinny]

SET(F), under A280(b), 298-299 is probably the safest option.

[kiran84]

Hi Vinny,

Thanks for your help with this.

I am sending his application this weekend. I am applying using SET (F). I have following question regarding his application though.

1. Do I need to send my husband's (sponsor's) original passport and BRP with the application?

2. My husband is filling the form as he is the sponsor. Do I need to send a consent letter for this application?

3. Do I need to include my original passport and BRP with the application?

Thanks in advance,

Kiran