MN1 Questions

Good afternoon everyone,

I'm reaching out today because I am slightly confuse after looking a lot through this forum I don't seem to stumble upon what I am looking for, and I have been in contact with a solicitor for which I payed a relatively high price for an half an hour call which didn't really helped me understand better how this would work around.

I give you a bit of background. My partner and I were living in the UK for a while both children (twin born in the UK), at the time of birth none of us had ILR or Settled Status under EUSS. Kids were born in March 2019 and in January 2020 (Just before the start of the pandemic in Europe) we decided to visit our respective family in Europe. Pandemic started, countless lockdown and travelban anyway. Still stuck in France at the moment of writing. My partner got her settled status under EUSS (I'm still fighting to get mine or at least the pre-settled but that's not the subject).

Not knowing back in time that a pre-settled / settled status application was required for children we haven't done anything for our children. We want to travel back to the UK to get back to our normal life but are quite scared of what could happen at the border regarding the children.

From my understanding my kids are both entitled to British Nationality since my partner became settled. However are we able to apply from outside the country ? Upon my research I cannot find anything that tell us whether or not this is allowed or forbidden and even the government website is relatively unclear on the subject. Second how can we travel back with our kids if we have to apply from inside the country ? Or how can we travel inside the country with them while the application is pending ?

I thank you all in advance for any insight and knowledge you will be able to provide and will make myself available to answer any additional information that might be relevant to understand better the situation we are in!

Since the children are born in the UK, yes, you can apply for them to be registered as British citizens on Form MN1, even if they are currently outside the UK.

However, be aware that they do not become British citizens until the registration certificate is issued. They would then need to wait for the British passport before they enter the UK. So it could easily be a year or so before they can return to the UK.

Thank you secret.simon for your answer. What would constitute the fact that they are not allow to enter the country if application is pending ? As it is an entitlement ? Especially given the example of EUSS application. While awaiting for an answer from HO you are still entitled to live/work/travel while application is pending.

Sorry for double post but found this while browsing. Does it means that by extension of my partner having settled status under EUSS my child automatically get it ?
As well would you advise to do a late EUSS application for the children in order to be able to enter into the UK and then do the MN1 application ?