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MN1 reg. for child born outside UK - qualifying period

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

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back2uk2
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MN1 reg. for child born outside UK - qualifying period

Post by back2uk2 » Thu Dec 22, 2016 9:36 am

Please help me with your advice.

My wife and I have both got ILR recently, and we have a child born outside UK who also got the ILR same time as my wife.
Does he need to wait for 1 year after obtaining ILR before becoming eligible to apply for registration as a british citizen on MN1 form?

Thanks.

noajthan
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Re: MN1 reg. for child born outside UK - qualifying period

Post by noajthan » Thu Dec 22, 2016 9:38 am

back2uk2 wrote:Please help me with your advice.

My wife and I have both got ILR recently, and we have a child born outside UK who also got the ILR same time as my wife.
Does he need to wait for 1 year after obtaining ILR before becoming eligible to apply for registration as a british citizen on MN1 form?

Thanks.
No. Waiting a year is only for adults making section 6(1) applications; not applicable to minors.

How old is child? Older teens may be expected to have spent a couple of years in UK. No such requirement on younger children.
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CR001
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Re: MN1 reg. for child born outside UK - qualifying period

Post by CR001 » Thu Dec 22, 2016 9:44 am

A child born abroad will only qualify to apply for citizenship if applying at the same time as either parent or after a parent has become British.
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back2uk2
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Re: MN1 reg. for child born outside UK - qualifying period

Post by back2uk2 » Thu Dec 22, 2016 9:53 am

My son is 9 years old.
From CR001's reply seems he does have to wait for 1 year, same as us parents.

noajthan
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Re: MN1 reg. for child born outside UK - qualifying period

Post by noajthan » Thu Dec 22, 2016 9:59 am

back2uk2 wrote:My son is 9 years old.
From CR001's reply seems he does have to wait for 1 year, same as us parents.
The devil is in the detail.
The child does not, by law, have to wait a year after her ILR; section 3(1) of BNA does not state that;
- in practice, child has to register at same time or later than parents naturalise.

if parents are delayed a year before at least one of them makes a 6(1) application then so be it. There is no such prescribed delay for a minor.

Second parent is not constrained to make a 6(1) application; they could make a 6(2) appplication - zero waiting time as a spouse.

If risk-averse you could even delay child's application to make sure parents are successful first (less risk to fees). Again none of this is mandated for minors.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

back2uk2
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Joined: Wed Jun 13, 2012 2:17 pm

Re: MN1 reg. for child born outside UK - qualifying period

Post by back2uk2 » Fri Dec 23, 2016 9:34 am

Thanks Noajthan for the detailed reply.

Meanwhile I was looking the requirements published from my local council who provides NCS, according to them evidence is required that at least one parent is /or is about to become a BC.

noajthan
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Re: MN1 reg. for child born outside UK - qualifying period

Post by noajthan » Fri Dec 23, 2016 10:42 am

back2uk2 wrote:Thanks Noajthan for the detailed reply.

Meanwhile I was looking the requirements published from my local council who provides NCS, according to them evidence is required that at least one parent is /or is about to become a BC.
Yes, apply at same time or if risk-averse child can apply after parents have been successful.
See MN1 guide and BNA for more detail.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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