MN1 Section 3(5) application and absences from the UK

[justin2]

I'm a British citizen by descent, and my three children (all under 10 years old) were born in the US.

We'll have been living in the UK for three years next month, and I was going through the documentation to see how to register them as British citizens.

I have traveled quite a bit with work, and my wife has traveled some separately from me, so I was wondering how to calculate the 270 days absence. Is it that each of us, my wife, myself, our children, cannot INDIVIDUALLY have been absent from the UK for more than 270 days?

I am at 249 days over the three year period myself, most with work, but some with wife/kids on holidays, etc. My wife has been out of the UK for ~ 25 days, by herself, which if it's not calculated individually, would knock us just over the 270 day limit.

As I'm filling out the "Apply for registration of a child under 18 as a British citizen" form online and am the parent with British citizenship, I listed myself as the Parent/Legal Guardian. The form doesn't ask about my wife... so do I just put my own trips outside of the UK, and ignore hers? There's no way to designate who took the trip, etc.

Any advice? Thank you in advance!

The guidance for Form MN1 is:

The child and their parents must not have been absent from the UK (or the British Overseas Territories if appropriate) for more than 270 days during the 3-year residential period. There is no discretion to disregard absences greater than 270 days.

[justin2]

Anyone? Thanks in advance...!

[secret.simon]

Given the language of Section 3(5), the absence of each of you individually should not exceed 270 days. I don't think that the absences are added together.

(5)A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—
(a)that at the time of that person’s birth his father or mother was a British citizen by descent; and
(b)subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and

We don't have visibility of the online forms, but generally the forms have a section towards the end for additinoal comments where you can add the information for your wife and refer to this section if you want to.

[justin2]

Thank you, that's what I thought/what would make the most sense. The language on the applications/guidance can be so frustratingly unclear though!

[Mandy2012]

Hi justin2 - just wonder if you could share update and your experience? I am also a British by descent and am considering the same route of my child but can hardly find any discussion on MN1 Section 3(5). Thanks!