Born abroad child with ILR - MN1 3(1) refused

[Hafsita]

Hello house,

Need some advise relating to above topic

I have two children born outside the UK and i applied for registration by discretion in December 2014 , at the time my son was 17 and daughter 12. Their application was denied on the grounds their dad do not have settled status ( he is on spouse dependence visa which expires September 2016).

I requested a reconsideration highlighting sections of their own guidelines and other factors they could have used to determine link to the UK but still they refused, bear in mind both kids had ILR at the time and i British citizenship by naturalisation.

All they hung to was that the father was not 2 "settled" . We have since applied for naturalisation for my son who turned 18 last July and and this was approved an dhe has his BC now. However it seems unfair that my daughter cannot apply until she turns 18 as my husband is on the 5 year settlement route.

Please is there any way to achieve this earlier ? the HO did not consider any other aspect of consideration for her and would not budge and given that this is due to discretion i feel stuffed.

Any ideas please ?

[CR001]

For children born abroad, both parents need to be settled (ILR) or one BC and the other settled.

How long does your husband still have to wait for ILR?

What is his immigration history?

[Hafsita]

Many thanks for your response - sorry just saw this as was waiting for an alert via email

Immigration history all okay. He was always in and out in a visit visa and finally decided to settle in 2013

His current visa was issued in December 2013 and expires in Sept 2016. Based on the new rules he has another 2.5 years to go before settled status

It just seems unfair that due to so called discretion, i have one child naturalized now as he turned 18 last year and therefore they had no choice with him. But my daughter has 3 more years to go !

[ohara]

Unfair? I think the UK has some of the most relaxed nationality laws in the world. I'm a Finnish citizen but I can't pass my Finnish citizenship onto a child born outside Finland unless I am married to the mother.

The UK on the other hand allows you, at the discretion of the home secretary, to register as British a child born outside the UK to non British parents once certain requirements are met. I'd say that's pretty fair.

[BIG Dobby]

Hello house,

Need some advise relating to above topic

I have two children born outside the UK and i applied for registration by discretion in December 2014 , at the time my son was 17 and daughter 12. Their application was denied on the grounds their dad do not have settled status ( he is on spouse dependence visa which expires September 2016).

I requested a reconsideration highlighting sections of their own guidelines and other factors they could have used to determine link to the UK but still they refused, bear in mind both kids had ILR at the time and i British citizenship by naturalisation.

All they hung to was that the father was not 2 "settled" . We have since applied for naturalisation for my son who turned 18 last July and and this was approved an dhe has his BC now. However it seems unfair that my daughter cannot apply until she turns 18 as my husband is on the 5 year settlement route.

Please is there any way to achieve this earlier ? the HO did not consider any other aspect of consideration for her and would not budge and given that this is due to discretion i feel stuffed.

Any ideas please ?

My candid advice is to approach a solicitor who will threaten them with Judicial Review (JR). Once a pre-action protocol is issued wrt your child's application, I swear HO will release her certificate because they cant successfully challenge it in JR. I Know 2 cases right now

I dont know where you are based but there are charities that represent children in Britain... Look for one or in Leeds, there are solicitors that charge £500 to £900 to start the process. Basically, why your son and daughter were refused was mainly because you have no other british child(ren) at the time time of application; so the strength of the ties in the UK was not considered very strong.

Secondly, length of residence is very important for applicants > 10yrs as they claimed (minimum of 2yrs).

Thirdly, you are BC and Your husband has limited leave to remain and NOT you; if the reverse was the case, discretion might have been fettered favourably...

Those solicitors will assess your circumstances, once there is a strong conviction then it will be challenged! when you come out successful, you will get all you money back except application fee. DO NOT CHICKEN OUT...

You should make a case asap b4 she turns 18... Dont wait....