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Can non visa national travel before MN1 process completes?

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

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Samanco123
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Can non visa national travel before MN1 process completes?

Post by Samanco123 » Sun Mar 29, 2015 10:23 am

Hi

We are about to complete a domestic adoption in Brazil. The changes last year mean the adoption can now be recognised in the UK and we can apply for nationality using the MN1 process. Our child will be able to get a Brazilian passport quickly, and as Brazilians don't need visas to visit the UK, we could technically leave Brazil quickly. But our intention is not to visit but to move back to the UK.

My question is if it is possible for us to travel to the UK on his Brazilian passport without the need (and cost) of first applying for ILR, and then MN1. Ideally we'd like to submit the MN1, get his passport and then travel, but I think this will take a lot of time. The adoption has taken 4 years and we really need to be back in the UK fast.

Is there a fast track MN1 process you can pay for? I am in the UK often and could do it from here.

Advice appreciated.

fwd079
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Re: Can non visa national travel before MN1 process complete

Post by fwd079 » Mon Mar 30, 2015 3:31 pm

No fast track for Naturalisation/Registration unfortunately. Child needs to be free from immigration control on day of application, at least if not born in UK.
Being British is a state of mind.
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Amber
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Re: Can non visa national travel before MN1 process complete

Post by Amber » Mon Mar 30, 2015 3:40 pm

If the adopters are British, then the child may acquire British Citizenship by virtue of Section 1(5) of the British Nationality Act 1981 if the conditions detailed are met.

See also, chapter 3 - https://www.gov.uk/government/uploads/s ... apter3.pdf
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fwd079
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Re: Can non visa national travel before MN1 process complete

Post by fwd079 » Mon Mar 30, 2015 3:52 pm

Amber wrote:If the adopters are British, then the child may acquire British Citizenship by virtue of Section 1(5) of the British Nationality Act 1981 if the conditions detailed are met.

See also, chapter 3 - https://www.gov.uk/government/uploads/s ... apter3.pdf
Thanks for that, so is child automatically British or do parents have to apply via MN1?
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Re: Can non visa national travel before MN1 process complete

Post by Mauser1905 » Mon Mar 30, 2015 4:07 pm

If the UK court gives adoption order and the adopter parent/s are British then there is no requirement for registration as adopted child becomes British and as such can apply directly to IPS for passport. Now this I read in context of UK courts.

How does it apply for Brazilian court adoption order, have no idea. ok did a google search and found a useful document from gov.uk
https://www.gov.uk/government/uploads/s ... option.pdf

Brazil if convention adoption certificate produced then its recognised in the UK. OP mentioned some change last year, can you please link it up for information?
Adoptions by British citizens in designated countries do not automatically convey British citizenship on the adopted child. However the adopter canapply for British citizenship for the child at the Nationality Group, United Kingdom Border Agency (UKBA), PO Box 306. Liverpool, L2 0QN (0845 010 5200, http://www.ukba.homeoffice.gov.uk).

For passport purposes, this means that a full adoption certificate issued in the UK, on or after 1 June 2003, will not necessarily be proof of a UK adoption. The full adoption certificate will clearly show where the adoption took place, this may be
• an adoption in a UK court
• an adoption overseas recognised by UK law.
So as earlier suggested it has to be MN1 registration, although this one is entitlement.

OP: Please note that currently the timeline for MN1 applications as per the time line thread in this forum is around 20 calendar days to 30 calendar days in general. There is no fast track process for registration applications.

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Amber
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Re: Can non visa national travel before MN1 process complete

Post by Amber » Mon Mar 30, 2015 5:07 pm

Home Office wrote:If your child’s final adoption order is certified as having been made in accordance with the terms of the Hague Convention on inter-country adoption and at least one of the adoptive parents was a British citizen at the time the adoption order was made and the adopting parent (or in the case of a joint adoption, both adopting parents), was (were) habitually resident in the UK at the time of the final adoption order, then the child will automatically become a British citizen.
Mauser please refrain from plucking your advice out of Google as in such case where the above does not apply, registration would be under 3(1) which is at the discretion of the SoS not an entitlement.
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fwd079
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Re: Can non visa national travel before MN1 process complete

Post by fwd079 » Tue Mar 31, 2015 8:36 am

Amber wrote: Mauser please refrain from plucking your advice out of Google as in such case where the above does not apply, registration would be under 3(1) which is at the discretion of the SoS not an entitlement.
So its Form MN1 then, thanks for information.
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Re: Can non visa national travel before MN1 process complete

Post by Mauser1905 » Tue Mar 31, 2015 10:34 am

Amber wrote:
Home Office wrote:If your child’s final adoption order is certified as having been made in accordance with the terms of the Hague Convention on inter-country adoption and at least one of the adoptive parents was a British citizen at the time the adoption order was made and the adopting parent (or in the case of a joint adoption, both adopting parents), was (were) habitually resident in the UK at the time of the final adoption order, then the child will automatically become a British citizen.
Mauser please refrain from plucking your advice out of Google as in such case where the above does not apply, registration would be under 3(1) which is at the discretion of the SoS not an entitlement.
The link I pulled out from gov.uk is still valid on their website; however looks like it has not been amended to reflect the changes as per OP and the link you posted. My apologies if this has caused any confusion to the OP or information seeker. However thanks for the latest link. It sure has helped me.

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