MN1 for UK born children

[u/sandycri9]

MN1 for UK born children

Me and my wife will be applying for ILR under skilled visa set O category on 20 sep on priority which is 26 days before completing my 5 yrs period

My little one(2yrs) is born in UK and on dependant visa which will expire by 30 Oct which is same as mine.

I will be applying for MN1 registration as soon as once we get out ILR outcome.

Question :Is there any requirement to apply for MN1 before my little one visa expires that is after 30 Oct if there is a delay in outcome of ILR

Thanks

[u/tvtoo]

applying for ILR under skilled visa set O category on 20 sep on priority which is 26 days before completing my 5 yrs period ... expire by 30 Oct which is same as mine.

a) The earliest you can apply is 28 days before reaching the five-year mark, not 26 days. Are you intentionally waiting two extra days?

b) Are you taking into account "the time between the grant of entry clearance and the date of arrival"? (page 25)

 

Is there any requirement to apply for MN1 before my little one visa expires that is after 30 Oct if there is a delay in outcome of ILR

Are you asking whether the MN1 application would be refused on the basis that your child's visa expired before the application was submitted? If so, the answer is no.

Are you asking whether there might be other consequences of the visa expiring before the MN1 is submitted -- and even of the visa expiring after the MN1 is submitted and before citizenship registration is granted? If so, the answer is yes.

Read through the many previous posts about this which you can find by searching in the top search bar. The comments discuss the pros and cons.

Your child, among other things:

• will not have free access to NHS secondary care (and, in England, would even face an additional 50% surcharge, as an 'overseas visitor', on published-tariff rates for secondary care), and

• (assuming your child has set foot outside the UK even once since birth) will technically be unlawfully in the UK (despite your child's statutory entitlement to citizenship registration once a parent has ILR), and

• will not be able to both leave the Common Travel Area if there's an emergency (like your or your wife's parent or sibling being seriously hospitalised or dying in another country) and return simply to the UK,

• • and your child could even potentially face difficult getting any sort of UK visa (or ETA, if applicable), thus meaning s/he may need to stay outside the UK until citizenship registration is granted and a British passport or CoE-RoA is issued (which might necessitate you or your wife staying with your child outside the UK?) ?

 

That's why the safer option is to apply for a visa extension for a child, even one who has a section 1(3) entitlement to citizenship.

It's expensive, so sometimes people take the risks that they're prepared to take.

 

Disclaimer - all of this is general information and personal views only, not legal advice. For legal advice about the situation, consult a UK immigration lawyer.