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Child Registration Success (MN1) For Child Born in Uk

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

1273
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Post by 1273 » Sat Jul 11, 2009 4:04 pm

John wrote:Using your numbering :-
  1. that would depend upon why the parent is getting ILR. For example, is the parent making a 10-year Long Residence application, in which case the answer is "no", or have they got a spouse visa, or HSMP or WP, in which case, "yes", if the child already has a UK time-limited visa, and is entered on to the parent's visa application form.
  2. Yes, if the child has a ILR visa.
Sorry >> Parent on WP and recieved ILR : Just to clarify

1. Child of 6 years (dependant) residing in the UK with parents will get automatically get ILR with parent on Work Permit?

2. Parent on WP recieved ILR and now wishes to apply for Naturalisation, can the dependant child be included on application for registration?
WOW

John
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Post by John » Sat Jul 11, 2009 9:59 pm

Again, using your numbering :-
  1. I think you are saying that the WP-holding parent has not yet applied for their ILR, and you wonder whether, when they do so, can the 6yo child be included on the application form? Yes!
  2. When the parent, having had their ILR for at least one year, uses form AN to apply for Naturalisation, a form MN1 can be submitted at the same time to Register the child as British. (but see below)
As regards Citizenship applications, a Bill is currently being discussed in Parliament, which will have the effect of changing the law on Citizenship. So it is totally possible that the comment at 2 above, whilst it is correct now, might not be correct in the future.
John

RAJ2007
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Post by RAJ2007 » Sun Jul 12, 2009 7:38 am

aaanjoo,

yes there is diff.

1. If the child is not born here and gets ILR when parents get it, then they will go for naturalisation as usual (like in your case).

2. If the child is born in UK after their parents got ILR, then that child do not need to apply for MN1, then he can apply for British PP directly.

3. If the child is born before parents got ILR, then he needs to apply for MN1 and then apply for British PP.

stella66
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Post by stella66 » Wed Jul 15, 2009 7:50 pm

stella66 wrote:I have just applied for registration for my two daughters aged 8 and 11. They were born outside the UK, and have ILR. The timeline is as follows:

Date of posting: 26 June 2009
Card debited: 30 June 2009
Acknowledgement received: 4 July 2009 (dated 1 July 2009)
Date of approval: waiting
Upadating the timeline:

Date of recipt of approval: 14 July 2009

ravon
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Post by ravon » Thu Jul 16, 2009 1:25 pm

A child born in the UK to parents one or both of whom are
• British citizens, or
• are settled in the UK at the time the child is born
is automatically a British citizen otherwise than by descent and does not need to be registered.

RAJ2007
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Post by RAJ2007 » Thu Jul 16, 2009 2:24 pm

ravon,

provided the child was born after one of the parent got ILR, otherwise the child need to get registered.

f2k
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Post by f2k » Mon Jul 20, 2009 2:41 pm

RAJ2007 wrote:f2k,

Please keep me udated with the timeline for your child's passport.


xxxxxx
Received childs passport back last week. Took exactly 2weeks from the date I submitted application.

Used post office Check and Send. Its worth the extra £6 (actually you would be paying for special delivery anyway so difference in price is actually minimal). Thing to remember is that both form and one of childs photos need to countersigned by a British Passport holding 'professiona'. Original birth certicate and registration certificate sent as supporting docs, these are returned seperate from the passport

RAJ2007
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Post by RAJ2007 » Tue Jul 21, 2009 7:17 am

f2k,

Thanks for the info. You mentioned that countersignatory has to be a professional . As far as i understood that he /she needs to be a british citizen and does not have to be a professional. I know it applies to MN1. Does it really apply while applying for the PP.

f2k
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Post by f2k » Tue Jul 21, 2009 4:03 pm

i havent got the form or guidance notes with me so i cant give you the exact wording. When you next pass through the post office get a copy of the form and have a look

Korben Dallas
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Post by Korben Dallas » Wed Jul 29, 2009 6:06 pm

John wrote:aaanjoo, the difference is not so much whether the child personally has ILR, but where they were born. If child born in the UK :-
  • if born after one or both parents has their own ILR, then child automatically British from the moment of birth, but
  • if born prior to both parents getting their ILR, it is necessary to apply for registration as British using form MN!, but no ILR compulsory when making that application
Consider this list, in order, which could actually happen (although admittedly the timescale would usually tend to be a bit longer!) :-
  • child is born on Monday
  • on Tuesday one or both parents get their ILR[(at a PEO)
  • on Wednesday the birth is registered, so a birth certificate is issued
  • on Thursday the form MN1 is posted!
The point is this. The child does not have a visa, or indeed a passport, but nevertheless an application for Registration as British can still be made.
John,

a quick question if I may. I am applying for settlement next week (PEO) and had our first one born a month ago.

Q1 : Should I or should I not mention anything about our newborn on SET(0)? I take it I shouldn't as I won't be including her as dependant?

Pls advise.

John
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Post by John » Wed Jul 29, 2009 6:36 pm

Korben Dallas, on what basis are you applying for your ILR? 10-year Long Residence application, or what?
John

Korben Dallas
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Post by Korben Dallas » Wed Jul 29, 2009 6:42 pm

John wrote:Korben Dallas, on what basis are you applying for your ILR? 10-year Long Residence application, or what?

Sorry, it is HSMP JR2009.

John
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Post by John » Wed Jul 29, 2009 7:19 pm

You are no doubt including your spouse on the form SET(O), so any reason why you are not going to include your newly-born child?

Actually another thought! As you are applying for ILR on the basis of HSMP JR2009, the date of issue of your ILR could well be back-dated, and possibly back-dated to a date before the birth of your child!

If such back-dating does happen, the conclusion is that (retrospectively) your child will have been British since the moment of birth. In which case, following the issue of such back-dated ILR, you would just apply for a British passport for your child ... no need to register using form MN1.

Actually, when did you come to the UK on HSMP? That is, when does your HSMP 4-year period start?

Other thoughts on this very welcome.
John

old_hsmp
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Post by old_hsmp » Wed Jul 29, 2009 8:47 pm

John wrote:You are no doubt including your spouse on the form SET(O), so any reason why you are not going to include your newly-born child?

Actually another thought! As you are applying for ILR on the basis of HSMP JR2009, the date of issue of your ILR could well be back-dated, and possibly back-dated to a date before the birth of your child!

If such back-dating does happen, the conclusion is that (retrospectively) your child will have been British since the moment of birth. In which case, following the issue of such back-dated ILR, you would just apply for a British passport for your child ... no need to register using form MN1.

Actually, when did you come to the UK on HSMP? That is, when does your HSMP 4-year period start?

Other thoughts on this very welcome.
I also thought to do the same but after speaking to HO they advised me to apply because the passport office can ask for the proof of confirmation of nationality which will cost you £75 and delay the application process.

I applied for ILR under JR on the same date when I entered the UK 5 years ago. I had the letter stating that my ILR is backdated to the same date last year and my son was 6 months old at that time.

John
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Post by John » Wed Jul 29, 2009 10:36 pm

old_hsmp, so have you actually applied for a British passport for your child? If so, the outcome?

If your ILR was backdated as you say, retrospectively your child was born after the date of your ILR, and thus your child is British!
I also thought to do the same but after speaking to HO they advised me to apply .....
Sorry, it is not clear, apply for what?
John

Korben Dallas
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Post by Korben Dallas » Thu Jul 30, 2009 9:02 am

John wrote:You are no doubt including your spouse on the form SET(O), so any reason why you are not going to include your newly-born child?
I am including my wife but was thinking if I have to include our baby as my understanding is after getting settlement done we can apply for her (baby) citizenship straight away rather than paying for her ILR and then literally next day going MN1 (which does not require ILR.) Am I right or am I delusional about the whole thing? thank you

PS: I am at the end of my 4th year. I entered UK in Aug 2005.

old_hsmp
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Post by old_hsmp » Thu Jul 30, 2009 9:17 am

John wrote:old_hsmp, so have you actually applied for a British passport for your child? If so, the outcome?

If your ILR was backdated as you say, retrospectively your child was born after the date of your ILR, and thus your child is British!
I also thought to do the same but after speaking to HO they advised me to apply .....
Sorry, it is not clear, apply for what?
John, I applied for ILR on 24th May under ILR JR and got the letter with the back dated ILR (24th June 2008) for me and both of my children. One of them was born after 24th June 2008.
I told that to the person at NCS while booking appointment. The guy contacted the HO and told me that they want me to apply for him anyway. The reason they gave was if I don't register my child, it may delay his passport application. I did so and got the approval letters for all three of us within month.

Korben Dallas
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Post by Korben Dallas » Thu Jul 30, 2009 9:31 am

old_hsmp wrote:
The reason they gave was if I don't register my child, it may delay his passport application. I did so and got the approval letters for all three of us within month.
I see your situation is a little different to mine but I guess to stay on the safe side I will do ILR for my little one too to avoid possible "delays" in future.

Korben Dallas
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Post by Korben Dallas » Thu Jul 30, 2009 11:11 am

Korben Dallas wrote:
old_hsmp wrote:
The reason they gave was if I don't register my child, it may delay his passport application. I did so and got the approval letters for all three of us within month.
I see your situation is a little different to mine but I guess to stay on the safe side I will do ILR for my little one too to avoid possible "delays" in future.
Just phoned HO and was confirmed that I don't have to add my child as dependant and provided MN1 does NOT require ILR (which I believe so) I can apply straight for baby's British Citizenship after I get my settlement done. Super.

old_hsmp
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Post by old_hsmp » Thu Jul 30, 2009 1:20 pm

Korben Dallas wrote:
Korben Dallas wrote:
old_hsmp wrote:
The reason they gave was if I don't register my child, it may delay his passport application. I did so and got the approval letters for all three of us within month.
I see your situation is a little different to mine but I guess to stay on the safe side I will do ILR for my little one too to avoid possible "delays" in future.
Just phoned HO and was confirmed that I don't have to add my child as dependant and provided MN1 does NOT require ILR (which I believe so) I can apply straight for baby's British Citizenship after I get my settlement done. Super.
That is good news. It will save you some money. The time when I applied for my ILR, the ILR JR changes were new and HO helpline was unable to advise on any JR issues.

John
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Post by John » Thu Jul 30, 2009 4:26 pm

I have to say that I don't think this is right at all, that any application on form MN1 is required, in the circumstances we are talking about here.

The fee for the MN1 is not just a few pennies, is it, and why apply for something that is not required?

Just apply for the British passport, assuming ILR back-dated to prior to the birth of the child, and just sit back and wait for the passport to arrive.

Otherwise, why bother to back-date the ILR if such back-dating is not going to have any effect at all?
John

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Post by OFCHARITY » Thu Jul 30, 2009 6:29 pm

I think there is an application you can make to get a document that confirms that your child is already a british citizenship (can't remember the details of what it's called) This should provide some degree of independent documentary evidence that can be used if the child is ever asked to prove his claim to citizenship. It does make life easier when applying for a passport rather than having to show proof of the parent's immigration status at the time of his birth. I'd also suggest getting certified copies of the back dated ILR letter
'In everything give thanks'

faz123
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successful MN1 application timeline

Post by faz123 » Thu Jul 30, 2009 7:14 pm

NCS or Postal: NCS Sutton
Date of submission or posting: 2nd July 2009
CRITERIA: 2 children born in the UK MN1 after parents obtained ILR on 29th June 2009 under HSMP JR
Date of receipt of Application @ HO: 7th July 2009
Date of debit of debit/credit card: 7th July 2009
Date of receipt of acknowledgement: 9th July 2009
Date of receipt of approval: 30th July 2009 (Dated 22nd July & 24th July)
Date of appln. for passport: Waiting
Passport received: Waiting

Faz

John
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Post by John » Thu Jul 30, 2009 9:35 pm

I think it is worth going back to the policy document that UKBA issued in response to the HSMP Forum case ..... click here. In particular if we look at point 16 :-
Migrants who make a successful ILR application will also be considered to have first obtained ILR from when they had completed four years qualifying residence for the purposes of any subsequent citizenship application.
faz123, your two children, were they born before or after the date of your ILR, as retrospectively granted?
John

yhdyhd
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Post by yhdyhd » Fri Jul 31, 2009 12:24 pm

hi f2k,
For kid's passport application, have you provided the parent's foreign passport except child's birth cetificate and registration certificate of citizenship? When I made enquiry to IPS, they advised to provide registration certificate of citizenship and parent's passport wtih ILR.

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