MN1 Section 3(2)

Both my wife and I are British Citizens by descent, and are working in a foreign country within the Gulf Region. Due to unexpected circumstances she went into early labour (10 weeks early) and gave birth here rather than in the UK as per originally planned. We have been unable to travel as our child has no passport.

We applied for British citizenship via the MN1 form under section 3(2) and had declared him as stateless as his country of birth does not grant citizenship. It has been 4 months since our child's birth, and more than 2 months since the application was submitted. Given the lack of feedback from the Home Office, and the inability of the embassy to help in case of emergency, we decided to attempt to apply for citizenship in our respective countries of origin. If we were to receive positive feedback from these countries, would we need to inform the Home Office of the change in status, and would this render our application obsolete?

Did you not want to go to the UK and look at a section 3(5) application?

The issue with Section 3(5), is that we are unable to leave the country with our son, given that he has no passport, so there would be no way for us to go back to the UK and present that application. We are stuck abroad waiting for a means to travel.

Neither of you are dual nationals?

My wife has a HK citizenship, but was not born in Hong Kong, which puts us in a similar scenario, of citizenship by descent, which is why our child cannot automatically receive any citizenship at the time being.
We have however begun a similar process as the MN1 application for HK, all in the hope of having a means to travel in case of emergency.
So if the HK application succeeded, what would become of the MN1 3(2) application? Would it be disregarded? Do we need to inform the home office? We've repeatedly explained that at the time being our child is illegally residing in his country of birth, as he has no citizenship.

Ramiro wrote:My wife has a HK citizenship, but was not born in Hong Kong, which puts us in a similar scenario, of citizenship by descent, which is why our child cannot automatically receive any citizenship at the time being.
We have however begun a similar process as the MN1 application for HK, all in the hope of having a means to travel in case of emergency.
So if the HK application succeeded, what would become of the MN1 3(2) application? Would it be disregarded? Do we need to inform the home office?

Every county's citizenship is its own. If the UK grants the child citizenship, since the UK allows multiple nationalities, what other countries do in this regard is irrelevant to that application/citizenship. The Home Office doesn't need to know, nor do they care what other citizen processes the child is under.

Ramiro wrote:We've repeatedly explained that at the time being our child is illegally residing in his country of birth, as he has no citizenship.

This is almost certainly not the case, as this would strangely criminalize foreigners giving birth to any children in that country. In fact that's probably a bureaucratic impossibility by the country's own laws. Also, if by the set of circumstances the child can be demonstrably shown to be stateless, and that country is a signatory to the Convention on the Reduction of Statelessness, they likely have a route by which the child can gain citizenship there. What country is the child in now? Also, what countries were you each born in? If those countries are also signatories, they will possibly offer a path as well.

ouflak1 wrote:Every county's citizenship is its own. If the UK grants the child citizenship, since the UK allows multiple nationalities, what other countries do in this regard is irrelevant to that application/citizenship. The Home Office doesn't need to know, nor do they care what other citizen processes the child is under.

Thank you for that.

ouflak1 wrote:

Ramiro wrote:We've repeatedly explained that at the time being our child is illegally residing in his country of birth, as he has no citizenship.

ouflak1 wrote:This is almost certainly not the case, as this would strangely criminalize foreigners giving birth to any children in that country. In fact that's probably a bureaucratic impossibility by the country's own laws. Also, if by the set of circumstances the child can be demonstrably shown to be stateless, and that country is a signatory to the Convention on the Reduction of Statelessness, they likely have a route by which the child can gain citizenship there. What country is the child in now? Also, what countries were you each born in? If those countries are also signatories, they will possibly offer a path as well.

We are in Oman, which I do not believe has signed any such convention, they would provide citizenship in case of a stateless orphan I believe, but that's about it. My wife was born in the US, and had renounced her american citizenship just under a decade ago, and I was born in Lebanon but do not hold a valid passport other than the UK one.

Ramiro wrote:

ouflak1 wrote:Every county's citizenship is its own. If the UK grants the child citizenship, since the UK allows multiple nationalities, what other countries do in this regard is irrelevant to that application/citizenship. The Home Office doesn't need to know, nor do they care what other citizen processes the child is under.

Thank you for that.

ouflak1 wrote:

Ramiro wrote:We've repeatedly explained that at the time being our child is illegally residing in his country of birth, as he has no citizenship.

ouflak1 wrote:This is almost certainly not the case, as this would strangely criminalize foreigners giving birth to any children in that country. In fact that's probably a bureaucratic impossibility by the country's own laws. Also, if by the set of circumstances the child can be demonstrably shown to be stateless, and that country is a signatory to the Convention on the Reduction of Statelessness, they likely have a route by which the child can gain citizenship there. What country is the child in now? Also, what countries were you each born in? If those countries are also signatories, they will possibly offer a path as well.

We are in Oman, which I do not believe has signed any such convention, they would provide citizenship in case of a stateless orphan I believe, but that's about it. My wife was born in the US, and had renounced her American citizenship just under a decade ago, and I was born in Lebanon but do not hold a valid passport other than the UK one.

Well after researching everything I can to my best ability, I think you've probably taken the best course of action you can. I'm not sure if there is a process by which you can get you child legally declared stateless in Oman. The grace period (shocked they have one) for the child is actually 180 days for them to not need have some kind of residence permission, so the child is technically not 'illegal' yet. And even if that does occur and Oman were to seek immediate deportation, I'm not sure they'd have any idea at all where to send the child. They might try the UK. Even if your application fails, you could try again and if you can convince the UK that by all of the laws of the countries involved (Lebanon, United States, Oman, Hong Kong, and the United Kingdom) the child is currently stateless, I believe they will grant citizenship on that basis alone, with the extenuating factor that the parents are both UK citizens, albeit by Descent. I believe that they might do this in the spirit of being signatories to the Convention on the Reduction of Statelessness, curiously the only ones in that list who are. Sorry I can't provide better advice. Maybe somebody else can see a clearer route than this. Good luck and do keep us updated if you can.

Dear Ouflak1,

Thanks a lot for the kind words, we're keeping our fingers crossed. Will make sure to keep you posted as soon as we get a, hopefully positive, response from the Home Office.

All the best,

It's been 3 months now since our application has been submitted. If our son does not have a passport with a valid residency stamp on it by the end of October, he will officially become an illegal immigrant and I could face legal charges and possible jail time. I've informed the Home Office of our status by a letter which was received two weeks ago, yet it seems that this does not make any difference.
Do they not care that a British Citizen could be passible of jail time due to their slow processing time and lack of response? I'm really surprised that they have not come back to us yet, and I am getting really worried about our situation, unfortunately all one can do is contact the single phone number we have and listen to people tell us that our application remains "under process"... It's ridiculous.

Ramiro wrote:It's been 3 months now since our application has been submitted. If our son does not have a passport with a valid residency stamp on it by the end of October, he will officially become an illegal immigrant and I could face legal charges and possible jail time. I've informed the Home Office of our status by a letter which was received two weeks ago, yet it seems that this does not make any difference.
Do they not care that a British Citizen could be passible of jail time due to their slow processing time and lack of response? I'm really surprised that they have not come back to us yet, and I am getting really worried about our situation, unfortunately all one can do is contact the single phone number we have and listen to people tell us that our application remains "under process"... It's ridiculous.

Thanks for the update. I do hope this goes through for you and soon. Would you be able to post any links from an official (preferably Omani) website that states the consequences of not being able to obtain international travel documentation, and thus a residency permit, for a child born in Oman? Also, is there no process in Oman for getting a recognition of statelessness? I ask this in particular as such a recognition, if such is possible, could be applied for and obtained even if you have an existing application for registration of UK citizenship.

edit: All I could find is this from a site called WikiProcedure.

WikiProcedure wrote:The name of the new born baby should be added to the residence permit within 6 months from the date of birth; otherwise, there will be RO 15 fine for each month delayed.

This is about $39 or about £24 a month at the current exchange rates. No mention of jail time, but I hardly can consider this website comprehensive or in any way official. It's just the only one I can find that mentions anything at all.

Another edit: Here's something else I found from an official website regarding a Family Residence Visa:

Royal Oman Police Website wrote: The family Joining Visa is granted to the wife of the foreigner, who is resident in Oman, and as well to his children who are below (21) years. It is also granted to the foreign wife of an Omani national at his request, and subject to a certificate from the concerned authority (Ministry of Interior) confirming the status of the marriage.

The family Visa is granted by the concerned authority at its discretion, and at the request of a local sponsor and on his responsibility, to the relatives of the Omani national and the relatives of the foreigner who are not included in the categories eligible for Family Joining Visa. The Visa shall be as follows:

• Valid for use: Within six months from the date of issuance.
• Validity: Two years from the date of stamping the visa in the passport.
• Fees: 20 Omani Riyals.
• Fines for late renewal or non-registration of the residence permit is (50) fifty Omani Riyals per month.

But since it is not specific (mentioning newborn children), I am not certain that this visa is within the spirit of what you are supposed to have, or even if it is the right visa altogether.

Dear Ouflak,

I only just saw you reply. Thank you for taking the time to look up these items for our kid!
Funnily enough, we received approval on the 10th October (dated 08.10.14), just two days after your post, and just today have finally received the certificate!
We should be able to take our little one to the UK very soon!
Thanks a lot for everything, and all the best!

Cheers!

Ramiro wrote:Dear Ouflak,

I only just saw you reply. Thank you for taking the time to look up these items for our kid!
Funnily enough, we received approval on the 10th October (dated 08.10.14), just two days after your post, and just today have finally received the certificate!
We should be able to take our little one to the UK very soon!
Thanks a lot for everything, and all the best!

Cheers!

Congratulations!