Registrating non-UK born child as british Citizen

[cheetah]

Hello,

I have recently been neutralised as a British Citizen. My wife is on ILR and I will be applying for her BC soon. I have 7 year old son who was born in Canada but is in UK since he was one month old. He is studying in a local school in the UK and is on a Dependent visa (of a settled person). I was thinking of registering him as a BC under section 3(1) at the same time as I apply BC for my wife. Would it be OK to apply for his BC without applying for his ILR? What are the success chances?

Thanks.

[vinny]

Risky.

[cheetah]

Thanks Vinny.

What documemts should I submit if I go for this route? Also should I mention section 55?

Would NCS accept this application?

Thanks

[noajthan]

To get started, have you read MN1 guidance?
And UK NI Chapter 9?

[cheetah]

Yes I have.

[noajthan]

Yes I have.

So you will appreciate the risk (discretion) if child applies without ILR.

[cheetah]

9.17.26 says when the discretion can be applied. I think I fulfill this criteria.. There should be a reason why this discretion exists and when it is applied. Otherwise HO would not have provided it.. So the question is how to satisfy HO that this discretion should be applied. This is the answer that I am lookong for. What documents, arguments will convince them to apply this discretion.

[noajthan]

9.17.26 says when the discretion can be applied. I think I fulfill this criteria.. There should be a reason why this discretion exists and when it is applied. Otherwise HO would not have provided it.. So the question is how to satisfy HO that this discretion should be applied. This is the answer that I am lookong for. What documents, arguments will convince them to apply this discretion.

No such information appears to be available.
There have been just 1 or 2 approvals citing 9.17.26 reported in the Board; the majority report denials.

If you just wish to do this for convenience and/or to save fees then its a high-risk approach (as other have discovered to their cost).
If you have some justifiable reason then there may be a case to be made.

[cheetah]

Thanks.

I think the main justifiable reason is that my son is here for 7 years now since he was only a month old. I am BC now and my wife will be applying now. He is well settled over here and goes to school regularly. He has not lived in any other country for more than a month. I have bought a house over here.. Are these sufficient reasons for this discretion to be applied?

Also Would the NCS accept this application as sometimes they are not aware of this discretion?

[noajthan]

Thanks.

I think the main justifiable reason is that my son is here for 7 years now since he was only a month old. I am BC now and my wife will be applying now. He is well settled over here and goes to school regularly. He has not lived in any other country for more than a month. I have bought a house over here.. Are these sufficient reasons for this discretion to be applied?

Also Would the NCS accept this application as sometimes they are not aware of this discretion?

NCS is just an agent for HO. But they are trained and, as per my understanding, the officials are OISC qualified (at at least level 1).

The discretion is up to the caseworker; without someone on the inside who can say.
From forum: 1 or 2 rare successes; many refusals without ILR.

[cheetah]

Thanks again.

My son's dependent's visa is valid until March 2018 so I think I might be applying for his BC directly without ILR. Therefore, it will be helpful if you or other senior members could advice what supporting documents (in addition to the standard) and any other arguments I should mention in my application. I have forgotten to mention that my younger son is British. It will be best to submit a strong case with full preparation and then see how it goes.

So any advice would be helpful.

Thanks.

[CR001]

Does your child still have a valid visa?

[cheetah]

Yes until March 2018.

[noajthan]

Its unclear why the child doesn't get ILR first. Then s/he will have a more clearcut application (still at discretion).

If s/he applies without ILR the only guide is the criteria in BNA s3(1) and NI, chapter 9.
There is no skeleton argument available.

[cheetah]

Its unclear why the child doesn't get ILR first. Then s/he will have a more clearcut application (still at discretion).

If s/he applies without ILR the only guide is the criteria in BNA s3(1) and NI, chapter 9.
There is no skeleton argument available.

Well, I was on Tier 2 and he and my wife were my dependent. Due to changes in the Tier 2 code of practice, I could not apply settlement based on Tier 2 and instead applied on 10 year basis. Then switched my wife and this son to Dependent of Settled person using Appendix FM. My wife get her ILR on 10 year basis as well. Now if I apply ILTR for my son, I will have pay £1875 but if direct registration is possible then I can save this fee.

[CR001]

If MN1 is refused, there is no appeal process, only a reconsideration request which take take many months as there is no set timeframe for reconsideration requests to be completed and if your childs visa expires and reconsideration is refused, then a whole host of other problems present themselves.

[cheetah]

If MN1 is refused, there is no appeal process, only a reconsideration request which take take many months as there is no set timeframe for reconsideration requests to be completed and if your childs visa expires and reconsideration is refused, then a whole host of other problems present themselves.

Thanks CR001.

In the worst case scenario, if the application is refused, wouldn't I be able to apply his ILR using Set (F) at that point and then apply for his BC again? Or the refusal would have an impact on that?

[ohara]

Nobody knows the odds of the application being successful without ILR. We have seen both successes and failures on this forum in similar circumstances with 3(1) applications where the child does not have ILR.

The fee for MN1 application is currently £936. I don't believe a refusal will have an impact on a future application but it's time and money you'll be wasting. The application for ILR is currently £1875 and will probably increase (along with the MN1 fee) sometime in Q2 2017.

If you take the risk and apply now without ILR, and the application takes the full 6 months (or more) before being rejected, you may end up having to pay even higher fees for the next shot (£2000+ for ILR and £1000+ for MN1).

[cheetah]

So the consequence over here is the loss of the MN1 fee that I will be paying now. The refusal will not have any impact on the future Set (f) application?

[vinny]

When does the child's leave expire?

[cheetah]

When does the child's leave expire?

Vinny,

He was given 2.5 years. This will expire in March 2018.

[vinny]

A registration refusal shouldn't affect a subsequent SET(F) application, while he has leave. However, if he overstays, then this may complicate matters. Would have to look closely at the relevant Immigration Rules at the time. May also be possible under D-LTRC.1.1 and 298.

[cheetah]

A registration refusal shouldn't affect a subsequent SET(F) application, while he has leave. However, if he overstays, then this may complicate matters. Would have to look closely at the relevant Immigration Rules at the time. May also be possible under D-LTRC.1.1 and 298.

Thanks Vinny,

I will ensure that he does not overstay and make an application before the expiry date (if the registration is refused).

On a relevant but different point: I was looking at SET (F), which asks for public funds. Currently I am claiming child benefits, would that have any negative impact on SET (F) application?

[vinny]

I think that it should be okay.

[cheetah]

Thanks Vinny.

I think all this was very helpful. While making an application, should I refer to section 55?