Child MN1 application - ONE parent settled after child birth

Hi all

My circumstances:
- I got granted ILR on 14/04/2014
- My wife does NOT have ILR yet, still has Tier 1 dependent, will not qualify for ILR until she completes 5 years residency as she arrived in the UK on 15/03/2013
- Baby girl born on 13/09/2013

My requirement
I wish to get my baby daughter registered as a British citizen on the basis that I am now settled in the UK (even though my wife is not)

Information that suggests this is possible
I have been advised by people I know that after one of the parents becomes settled (ILR), an application (MN1) can be made for the child to be registered as a UK citizen. This is coherent with some of the advice I've seen on this board - see excerpt below from http://www.immigrationboards.com/britis ... 95747.html.

UK born

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

I also read the same thing some time back at http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/, however this page has since been removed the the HomeOffice website and redirects to https://www.gov.uk/becoming-a-british-citizen

Information that suggests this is NOT possible
The 'Guide' for MN1 at https://www.gov.uk/government/uploads/s ... -guide.pdf states the below

Children born in the UK – Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens.

The use of word 'parents' instead of 'either parent' suggests that the requirement now is for both parents to be settled for the child to register as a UK citizen.

The uncertainty
It seems that some rules relating to this may have changed because:
- The page I saw on Home Office website that stated this was possible is no longer there
- The MN1 guide is from March 2014 which is very recent, so there is a possibility that the rules may have recently changed and now both parents need to be settled before the child can apply to be registered as a citizen.

The question
Would someone be able to clarify this for me please- can the child be registered as a British citizen when only ONE of the parents is settled? I would especially want to hear from people who have made the MN1 application for their child(ren) born before either parent was settled on the basis that ONE of the parents is now settled.

Thanks.

The guide is incorrect. The FAQ is correct.

Read the wording of the law yourself (this hasn't changed in over 30 years). Please note the use of "OR" in Section 1(3)(a).

http://www.legislation.gov.uk/ukpga/1981/61/section/1

Thank you for this invaluable information, Jambo. This is exactly the response I needed and I am satisfied that the resource you have shared is authentic and authoritative advice from a government website.

Section 1(3) relates to my scenario and I should be able to make the application for my daughter on this basis.

RustyNail wrote:Thank you for this invaluable information, Jambo. This is exactly the response I needed and I am satisfied that the resource you have shared is authentic and authoritative advice from a government website.

Section 1(3) relates to my scenario and I should be able to make the application for my daughter on this basis.

Hi RUSTYNAIL,
I got ilr on 24-04-2014 and my wife is still on tier-1 dependent and i want to apply for mn1 for my 3yrs old son born in u.k.If u have applied for MN1 can u plz tell me what documents need to be send along with application form and do i need to send my wife's tier-1 general visa copy bcoz in mn1 form they are asking about both parents ILR granted date.little confused about this if only one parent ilr is enough to apply for mn1 ? any advice and help would be really appreciated..thanks

Regards
rasheed

Hi Rasheed

Yes, I have made my application and had it checked using the Nationality Checking Service.

You do not need to send any documents relating to your wife. Leave the ILR granted date box blank for your wife. Your BRP is the evidence of your ILR which is enough for grant of citizenship to your son. To clarify, only one parent needs to have ILR for the children born in the UK to be registered as citizens.

With our application, Nationality Checking Service made copies of our little one's birth certificate (detailed certificate with ILR holding parent's name on it) and a copy of my BRP. They also certify the copies as true copies of originals so the originals do not need to be sent and you keep them at all times.

Happy to help if you still have any questions.

Mohsin.

HI Guys,

need help regarding MN1, I am hoping for positive answer on my ILR in next 2 weeks and was preparing for my daugher's MN1. she is born in uk few questions need answering.


1.1 Section 1(3)
1.2 - her last visa expired and we hv not renewed her visa as i was only waiting for my ILR result. should I leave date field blank.
Section 3 & Section 4 - should i leave it blank?

Thanks.

RustyNail wrote:Hi Rasheed

Yes, I have made my application and had it checked using the Nationality Checking Service.

You do not need to send any documents relating to your wife. Leave the ILR granted date box blank for your wife. Your BRP is the evidence of your ILR which is enough for grant of citizenship to your son. To clarify, only one parent needs to have ILR for the children born in the UK to be registered as citizens.

With our application, Nationality Checking Service made copies of our little one's birth certificate (detailed certificate with ILR holding parent's name on it) and a copy of my BRP. They also certify the copies as true copies of originals so the originals do not need to be sent and you keep them at all times.

Happy to help if you still have any questions.

Mohsin.

Hi Mohsin,
Thank you so much for your response and help just need 1 more thing about referees..Is it mandatory to have referees declaration as my son is about 3 years old and i am struggling to find referees.can u plz state the list of documents u have send with MN1 form..THANKS

REGARDS
RASHEED

RustyNail wrote:Hi Rasheed

Yes, I have made my application and had it checked using the Nationality Checking Service.

You do not need to send any documents relating to your wife. Leave the ILR granted date box blank for your wife. Your BRP is the evidence of your ILR which is enough for grant of citizenship to your son. To clarify, only one parent needs to have ILR for the children born in the UK to be registered as citizens.

With our application, Nationality Checking Service made copies of our little one's birth certificate (detailed certificate with ILR holding parent's name on it) and a copy of my BRP. They also certify the copies as true copies of originals so the originals do not need to be sent and you keep them at all times.

Happy to help if you still have any questions.

Mohsin.

Hi,

Have you received any outcome of your application?

Thanks

[quote="RustyNail"]Hi Rasheed

Hi Mohsin,
Hope u doing well just want to know whether did u get any outcome of ur daughter's mn1 application...I applied mn1 1 (3) for my son on 13-05-2104 and i m still waiting for the outcome...and do the spouse dependent qualify for ILR or we need 2 apply for FLR( m) first any idea about that? my wife she came 2 uk as my tier 1 general dependent on 10-06-2011and still she is on tier 1 dependent visa .i dont know whether she qualifies for ILR OR I need 2 apply for flr (m).If u have any information about dependent visa can u plz let me know.Thanks in advance...
regards
rasheed

Hey Guys

I am confuse regarding my son MN1 application. I got ILR in May 2014. I have a son who was born in June 2009 in England, UK. Later he left UK to Pakistan with his mother due to the finish his dependent visa in February 2011. Than he came back in England in February 2013 and now living with me. Now I want to apply for his Naturalisation Under Section 1 (3). For section 1 (3), the requirement I understood is that my child born in UK and I had limited leave to remain and now I have settlement status, so he is eligible for citizenship.

Does his absence from UK make effect his Application for citizenship?
Do I need to fill FLR (M) for my Mrs?

Please Guide, I'll be highly thankful to you

Many Thanks
Shoaib Umer

shabiumer wrote:Does his absence from UK make effect his Application for citizenship?

No effect.

shabiumer wrote:Do I need to fill FLR (M) for my Mrs?

Yes.

vinny wrote:

shabiumer wrote:Does his absence from UK make effect his Application for citizenship?

No effect.

shabiumer wrote:Do I need to fill FLR (M) for my Mrs?

Yes.

Thanks alot vinny.

Jambo wrote:The guide is incorrect. The FAQ is correct.

Read the wording of the law yourself (this hasn't changed in over 30 years). Please note the use of "OR" in Section 1(3)(a).

http://www.legislation.gov.uk/ukpga/1981/61/section/1

Hi there

Irecently Got my ILR i am going to apply my 2 daughters MN1 froms. At present they dont have any nationality at all. I never registered them anywhere. Does it gonna be a difference for like S2,S3 form as a stateless person. Please advise me on it. Thanks

Insomnia wrote:

Jambo wrote:The guide is incorrect. The FAQ is correct.

Read the wording of the law yourself (this hasn't changed in over 30 years). Please note the use of "OR" in Section 1(3)(a).

http://www.legislation.gov.uk/ukpga/1981/61/section/1

Hi there

Irecently Got my ILR i am going to apply my 2 daughters MN1 froms. At present they dont have any nationality at all. I never registered them anywhere. Does it gonna be a difference for like S2,S3 form as a stateless person. Please advise me on it. Thanks

Are you sure they don't have any nationality? Maybe you meant they don't have any passport? It is quite rare to be stateless. Normally a child has his parents nationality even if they didn't apply for a passport for him.

May 6 at 4:17 AM
Hi
my scenario is as below..
1,I arrived in UK on feb 2005 as a student.
2,Spouce arrived in UK as a dependant in 2006,
3,Child born in india Jan 2008,
4, We all get Post study work visa in 9 October 2008 valid till 9 oct 2010 ,
5,We all 3 members get Tier 1 general visa(PBS) on 15 june 2010 to 15 june 2012,
6,My second baby born in Feb 2012
7,We all 4 member Get 2 nd extension (PBS Tier 1)on July 2012 valid till July 2015.
8,My 10 year completed on 11 feb 2015 so on 10 year LONG RESIDENCY i get my settlement.
9,My child who was born i UK i 2012 applied for citizenship and will get passport around 15 June 2015.
My question is that

My child who was born out of UK and lived in UK since last 7 year.Can she aply for MN1 FORM FOR British passport.How strong case to get approval ????