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MN1 section? For UK born child

Posted: Sun Mar 08, 2015 6:17 am
by zeee123
Hello,
Can anyone plz confirm as to what section I need to put when applying for my 2 sons naturalisation along with myself and my wife's application.

Section 3(1) or 1(3)?

Ages 6 & 1. They hold ILR along with us two and were born in the UK. Now parents and kids have ILR and are applying for naturalisation this week.

thanks

Re: MN1 section? For UK born child

Posted: Sun Mar 08, 2015 11:53 am
by CR001
If both born in the UK, then it is Section 1(3)

Re: MN1 section? For UK born child

Posted: Sun Mar 08, 2015 12:37 pm
by zeee123
This guide assists children who have not yet reached the age of majority (age 18) to become British citizens under the following sections of the British Nationality Act 1981. Once a child reaches age 18 they will have to apply to naturalise using form and guide AN.
•section 1 (3) birth in the UK to parents who are now settled in the UK or have become British citizens.
•section 1 (3A) birth in the UK to parents who have joined the armed forces.
•section 3 (1) child whose parents are applying for British citizenship.
•section 3 (2) birth abroad to parents who are British by descent and have lived in
the UK or a British overseas territory.
•section 3 (5) birth abroad to parents who are British by descent but are now
living in the UK or a British overseas territory.
•section 3 (1) children adopted abroad by British citizen parents.
•section 3 (1) children whose parents had renounced and subsequently resumed
British citizenship.
•section 3 (1) any other case not listed below where it is considered to be in the
child’s best interests to be granted British citizenship.
•section 4D birth abroad to parents serving in the armed forces.


In this above extract, both section 3(1) & 1(3) seems to be saying the same thing, as we are applying for British Citizenship and Child was born in the UK. Also both kids were born in the UK when parents didn't have ILR. The kids were dependents on Tier 1 and ultimately whole family applied for ILR and received it in March 2014.

Now when applying for Naturalisation, my wife and myself are completing form AN and kids although they are on ILR are doing MN1, but still confused about under which section, they should go. Please clarify in the light of above.

Many thanks

Re: MN1 section? For UK born child

Posted: Sun Mar 08, 2015 2:15 pm
by Jambo
The correct answer is either.

Section 1(3) is entitlement (i.e automatic approval. No need for HO discretion). Section 3(1) is application at discretion so better to apply using 1(3).

Re: MN1 section? For UK born child

Posted: Sun Mar 08, 2015 2:21 pm
by Amber
CR001 wrote:If both born in the UK, then it is Section 1(3)

Re: MN1 section? For UK born child

Posted: Sun Mar 08, 2015 2:52 pm
by zeee123
Thanks v much for your input. I'll take ur comments on board. Cheers