Rejected MN1 Application Under Section 3(1)

[Donking1]

Morning members,
I have just received my naturalisation approval this morning but sad to note that MN1 application for my dependant daughter under section 3(1) submitted with my application has been rejected. My dependant daughter is 11 years of age and has been legally resident in the UK for almost 10 years now. My wife does not currently hold ILR remain but has been legally resident in the UK for the last 11 years. She passed the LITUK test two weeks ago and in the process of applying for ILR.

The reason given for the refusal is that “The application has been carefully considered to see whether there were sufficient grounds for treating it exceptionally. However, sufficient grounds could not be found to exercise discretion in this case”.

I am disappointed and looking to request a reconsidering of the decision. Please can you advise on the best way to proceed?

[Jambo]

I'm guessing the main reason was either your wife's immigration status or your child immigration status.

The HO would expect the other parent to hold ILR or to be close to that. What was the mother immigration status when the MN1 application was made? Was it clear that she is about to apply for ILR?

Did your child hold ILR when she applied? For section 3(1), the child is expected to hold ILR before applying for registration.

[Donking1]

Thanks for the prompt response Jambo. The mother has been legally resident here as my dependent for the last 11 years. The mother is currently my dependant and applying for ILR Next month.

My child does not currently hold ILR, but has a valid dependant visa. She has been resident here since 2003 and my understanding is that ILR is not essential?

[Jambo]

My child does not currently hold ILR, but has a valid dependant visa. She has been resident here since 2003 and my understanding is that ILR is not essential?

This is the issue then.

For section 1(3) applications (children born in the UK), ILR is not required. For section 3(1) applications (children born abroad), ILR is not essential but in most cases will be required. See 9.17.24-9.17.27.

You can try to ask for reconsideration although I have no idea what the chances are. You might want to get some professional advice (although this might end up costing more than getting her ILR and reapplying...).

[Donking1]

Many thanks for the the advise Jambo.
I'm still having difficulty understanding the legitimacy of reasons given for the refusal. It is appreciated that applications for registering minors under Section 3(1) of the Nationality Act are entirely at the discretion of the Secretary of state. However, I my understanding of the current provisions of the Nationality Act suggests there are more compelling reasons to grant registration request as opposed to rejecting the application.

The reasons for refusal is solely based on the fact that my daughter and her mother are not currently ‘settled’ in the UK, (In other words not free from immigration time restrictions. However, 9.17.26-9.17.27 of the legislation on registration of minors clearly states how a Case Worker should proceed if one or both parents ‘have come to the UK to live permanently”:

9.17.26 But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important, if:

a. the minor meets the other normal criteria for registration set out in 9.17; and

b. the parents meet the criteria set out in 9.17.9-9.17.14 above, then we should consider whether registration would be - 50 -
appropriate.

9.17.27 If the minor is on restrictions but otherwise meets the normal criteria for registration, we should consult the relevant immigration CMU to see if they wish to remove restrictions. If they do not, we should consider their reasons before deciding whether to approve or refuse registration.

It is without question that my daughter's application clearly meets all the statutory criteria outlined in the legislation, particularly those relating to future intensions. The legislation clearly does not require both parents to be settled and the current immigration status of the applicant's mother should therefore not pose any significant detriment to the outcome of the application to be registered as a British Citizen given that my daughter's future clearly lies here in the UK.

The fact that the applicant's mother have been legally and continuously resident in the UK for over 10 years should provide a reliable indicator as prescribed in the legislation that our family has an established way of life here in the UK, not to mention the fact that the applicant's mother has passed the Knowledge of Life in the UK Test and required for ‘settlement’ and Naturalisation and currently in the process of applying for ILR.

9.17.2 of the legislation clearly outlines the most important criterion, which “is that the child's future should clearly be seen to lie in the UK. A reliable indicator should be the applicant's and/or the family's past behaviour. If that suggests an established way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here”.

It is evident that the applicant has been legally resident in the UK since November 2003 and has established a strong bond of connection with the UK, providing a reliable indicator of any future intentions. Should'nt this information and the fact that the family have lived legally in the UK for the last 11 years, forming strong bonds with the local community be considered as relaible indicators of future behaviour?

I have now requested the UKBA to reconsider the decision which I feel is clearly not in conformity with the spirit and letters of relevant sections of the Nationality Act and would keep the forum updated.

[Jambo]

The BNA 1981 only states:

1. If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Your quotes are from the CW instructions and are not legally binding (but detail the spirit)

9.17.26 doesn't apply to your case (you are not a British citizen who returned to the UK but a naturalised citizen).

I agree that you would have expected the CW to apply discretion in your daughter's case even without having ILR and I wish you good luck with the reconsideration request.

[Donking1]

Thanks for the clarification Jambo. My understanding is that applications under section 3(1) should normally comply with the full list of relevant criteria outlined in the casework instructions, particularly those relating to future intentions.

9.17.15 We should normally expect a child seeking registration as a British citizen under s.3(1) to have completed a period of residence in the UK because:

it is consistent with nearly all the other provisions under which children can be registered as British citizens; and

it enables a child to establish personal connections with this country; and

it helps to confirm that a child's future clearly lies here (see 9.17.2 above)

If my understanding is correct, there is no requirement for both parents to be BC or hold ILR and therefore the immigration status of child’s mother should not be disproportionally weighted in a manner that negates the relevant criteria outlined in the Casework Instructions.

[bob123xyz]

hi Donking1,
Just want to find out if UKBA got back to you regarding your reconsideration application for your Daughter's MN1 application. If they have I would be interested to know what was the outcome.
Please let me know if you can.
Thank you

[Naz786786]

Dear All,

as a new member i am unable to post as a new topic, this is kind f relevant topic i find.

MN1 REFUSED TWICE

As per guidance from this forum i had applied for my daughter's application for naturalization MN1 after i applied for my ILR (my husband was on dependent visa) i read here on this forum that there is a law

https://www.gov.uk/government/uploads/s ... apter8.pdf

check 8.5.5 page 12 and 13


8.5.5 Parent applying for settlement

8.5.5.1 It is possible that a parent may apply for settlement either at
the same time as applying for the registration of a child or
before such an application has been determined.

8.5.5.2 In these circumstances, the parent's application for
settlement must be determined first as the outcome could
affect the determination of the application for registration.

8.5.5.3 Therefore if this situation arises, the file should be referred to
Immigration with a request for it to determine the parent's


13
application for settlement and return the file to the Nationality
Group.

8.5.5.4 If the parent is given settlement, the application for
registration can be regarded as having been made under
s.1(3) provided the other requirements in 8.1.1 are met and
be determined accordingly.


I had applied on these ground but my kids application was refused and was advised that i should submit for reconsideration once myself or my husband gets ILR which i received my ILR in few months and i again applied for reconsideration as per refusal letter now again today my application has been refused and reason i have been given is that

FIRST REFUSAL

One of the requirements for registration under section 1(3) or the british nationality act 1981 is that the child's parents have become british citizens or settled in the united kingdom.

As neither you or your spouse are presently either settled in the untied kingdom nor a british citizen this requirement is not met. The Secretary of state is therefore currently unable to issue certificates of registration in respect of ...

You may wish to submit further registration applications to us via the provisions of section 1(4) of the act if your children each live in the UK for the first ten years of their lives.

Alternatively if either you or your spouse proceed to obtain Indefitine Leave to remain status at some point in the near future you may then wish to ask this department to formally reconsider our original adverse decsion on there registration applications. In order for such a request to be considered by us the enclosed form NR's would need to be fully completed and returned back to us together with the appropriate reconsideration fees which presently stand at £80.00 per child.

As explained in our schedule of fes, the application fee for british citizenship is not refundable and this payment has therefore been retained to cover the cost of handling and processing these particular registration application.




SECOND REFUSAL

I refer to your letter dated 26th November 2013 in which you have requested that we reconsider your children's' application for british Citizenship. The application were considered under 1(3) of the British Nationality Act 1981.

Citizenship, and the means by which it may be acquired, is defined in the British Nationality Act 1981 and the regulations made under it. The policy on which working practice in the Home Office Website at www.gov.uk/uk-visas-immigration. Generally applications are decided by reference to this guidance. Where individual circumstances are not precisely covered by policy guidance and there may be scope for exercising discretion, beyond that which is contained in the staff instructions, then the applications will be considered according to its particular merits by reference to agreed precedent, or in especially compelling cases by creating a precedent where this can be justified. Applications which are not covered by staff instructions or are not matched by agreed precedents or which do not justify the creation of a new precedent must fall for refusal.

I would advise you that decision in naturalisation/registration can only be reversed where it is clear that the original decision was NOT taken in line with the prevailing policy and nationality law at the time the decision reached. The onus is on applicants to demonstrate that they satisfy the statutory requirement. The applications were refused because, at the date of their applications, neither of their parents held settled status, which is a prerequisite for qualification under section 1(3) of the Act. The home secretary has no discretion in this area.


I have reviewed the consideration given to the application and the decisions made on them and i am satisfied that the correct procedures were followed and the correct decisions were taken to refuse. There are no grounds for reconsideration of the applications.

You have stated that you now have settled status in this country, so you can now make fresh applications for the children. Any fresh application will be decided on the basis of enquiries carried out at that time.

I am sorry that this is not a more favourable response. "



Please kindly advice me what action i should take now? shall i apply for fresh application with new fee?
or is there any way of appeal or asking hem that the ground i applied first time does exists in the law and due to that both decision they have taken are incorrect.

I would be really grateful if some senior member and professionals can help me.


Thanks

Naz

[ayoubtt]

Hi, Im in a similar situation as naz786786. Any update ? any suggestions ?

[ayoubtt]

Anyone please ?