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Registration of a Child borh outside UK as a BC

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

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Doe2000
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Registration of a Child borh outside UK as a BC

Post by Doe2000 » Mon Apr 18, 2011 9:40 am

Hello here,
I am due to apply for a BC soon and would like to apply for my son as well, but I have a query regarding this. Here is my story. My son was born outside the UK to an EEA citizen. My son’s mother and I have never been married, both of them came here in 2006 to join me. I have his official birthday certificate with my name as the father. His mother is not due to apply yet, but I have her full support. I would like to know if my son falls in the category below that I identify on ‘Guide MN 1’ please?

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenshipâ€

vinny
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Post by vinny » Mon Apr 18, 2011 10:27 am

It will be Subject to discretion (3(1)).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Doe2000
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Registration of a Child born outside UK as a BC

Post by Doe2000 » Tue Apr 19, 2011 12:27 pm

Thank you very much Vinny. Remain blessed! Doe

Doe2000
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Registration of a Child born outside UK as a BC

Post by Doe2000 » Tue Apr 19, 2011 2:47 pm

Hi Vinny and others here. I have another question pliz. My son uses EEA passport and it has never been stamped. How would I record the dates of absence down for him on the form? What is your advice on this pliz? Best.

JAJ
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Re: Registration of a Child born outside UK as a BC

Post by JAJ » Thu Apr 21, 2011 2:07 am

Doe2000 wrote:Hi Vinny and others here. I have another question pliz. My son uses EEA passport and it has never been stamped. How would I record the dates of absence down for him on the form? What is your advice on this pliz? Best.

Just tell the truth.

John
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Post by John » Thu Apr 21, 2011 6:22 am

Doe2000, how old is your son?
John

Doe2000
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Registration of a Child born outside UK as a BC

Post by Doe2000 » Thu Apr 21, 2011 2:34 pm

Hello, thanks for replying me, much appreciated. My son is 12 years old.

As JAJ suggested, the only truth is that there are no stamps in his EEA passport, I have a lot in mine, which is not EEA passport. I will send both and write a statement in regard of my son's passport. I only hope this will be ok with them. Your advice please!

Regards,
DOE

John
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Post by John » Thu Apr 21, 2011 2:44 pm

Doe2000, the reason I asked how old your son is is because different residence rules apply to applicant for Child Registration under section 3(1), dependent upon whether the child is 12 or less, or 13 to 17.

If your son is still going to be 12 when the form MN1 is submitted, his time in the UK is not important, whereas if he is then 13 it will be necessary to show that he has lived in the UK for at least 2 years.

The lack of entries in his passport? Do you have a record of when he has been in the UK in the last 5 years? If so just enter the relevant dates.
John

Doe2000
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Registration of a Child borh outside UK as a BC

Post by Doe2000 » Sat Apr 23, 2011 10:51 am

Hi John,
You seem to be an expert in immigration law, you're a star. Thank you very much. Yes, my son was 12 years on April 7 and we am due to sub,it our applicaton on 20 May. So, he should be fine! Thank you!

As per his entry dates, I have no record of that. I think I will just write a supporting letter to state why I haven't put the dates in. what do u think?

I'm also struggling with the accuracy of my entries as well, there are too many stamps in my passport and it's very difficult te get things right. Should I include this in the supporting letter as well? Do you think this will not delay the progress of our applications? Many thanks!

John
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Post by John » Sat Apr 23, 2011 6:36 pm

I'm also struggling with the accuracy of my entries as well, there are too many stamps in my passport and it's very difficult te get things right.
I am now perceiving this to be the main problem here. To apply for Naturalisation you need to enter the dates into and out of the UK in the previous 5 years. I think you should use all sources of information available to you, not just your passport, to ensure that the entries you make in that part of the form AN are accurate.

You might consider spending £10 to get a copy of UKBA's record on you. That should include details of landing cards completed by you. That is make a SAR .... Subject Access Request.

Roughly how many days do you think you have in the 5 year period, and in the 1 year period up to the date of application?

As for your son's form MN1, again you should use all sources of information to ensure his form is accurately completed. But it is not so important for him, given he is under 13 years of age.
John

Doe2000
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Registration of a Child borh outside UK as a BC

Post by Doe2000 » Tue May 03, 2011 10:27 am

Hi John
I followed your advice below and sent SAR to HO Croydon office with a special delivery post. I understand that it has since been delivered, but they said it would take 40 days. However, I plan to send the application for NA to HO on 20 May. My guess is dt the SAR info would not come back in time to send in my application. Should I just fill the dates that I am sure of and support it with a letter? I really want to send my application on 20 May. Should I go ahead or wait till I hear form Croydon? Best - Doe

John
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Post by John » Tue May 03, 2011 6:55 pm

I would doubt the SAR will be back by then. Any particular reason why you cannot delay your application?
John

Doe2000
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Registration of a Child borh outside UK as a BC

Post by Doe2000 » Wed May 04, 2011 11:17 am

Hi John,
Thanks foro your advice. I had the feelings that I wont get SAR reports before then, but who knows? But if not, I will probably have to wait till when it will be 40 days according to their policy. I will keep you posted. Best - Doe

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