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Hi,
Some please advise,
My friend is an EEA citizen living in UK since 2002, his Non-EEA family joined him in 2004 with Family permit, then they were issued residence card, two children born here, 4 were born abroad before arrival in UK so he has 6 children in total.
non of the parents applied for PR.
last year he applied NS for his youngest child (no.6) which came back positive so he got the British passport for that Child after that he applied MN1 for his child no.5 and his oldest child both were successful so his three children are British

Now he applied MN1 for his remaining 3 childrens, but Home Office refused the application as they say because non of the parents are British thats why they are refusing the application under section 3(1).

Parents status was same when Home Office granted the citizenship of other three children, One EEA National and One Non-EEA national nothing has changed

Any Help or Advise will be appreciated thanks

qadri wrote:Hi,
Some please advise,
My friend is an EEA citizen living in UK since 2002, his Non-EEA family joined him in 2004 with Family permit, then they were issued residence card, two children born here, 4 were born abroad before arrival in UK so he has 6 children in total.
non of the parents applied for PR.
last year he applied NS for his youngest child (no.6) which came back positive so he got the British passport for that Child after that he applied MN1 for his child no.5 and his oldest child both were successful so his three children are British

Now he applied MN1 for his remaining 3 childrens, but Home Office refused the application as they say because non of the parents are British thats why they are refusing the application under section 3(1).

Parents status was same when Home Office granted the citizenship of other three children, One EEA National and One Non-EEA national nothing has changed

Any Help or Advise will be appreciated thanks

It is not necessary to apply for PR - PR is acquired automatically.
The parents may have PR but don't realise it (if not up to speed with EU law).

There is not one type of MN1 application for minors, there are many possible scenarios, each using the same generic form but made under different sections of the BNA. Each have different prerequisites and rules.

Minors blessed to be born in UK to settled (or British parents) or parents with PR are born British and can apply for a passport directly.
This appears to be the scenario for child #6 (the youngest).

Minors born in UK before at least one parent is settled are entitled to register as citizens under section 1(3) of BNA when at least one parent is settled (has acquired PR).
Depending on the date of birth (compared to parents' dates of acquiring PR), this may have been the relevant scenario for child #5.

Minors born abroad and living in UK (& usually settled with ILR or holding PR) may register at the Home Secretary's discretion when settled parents naturalise - under section 3(1) of BNA.

If at least one parent has not yet naturalised then child #1(the oldest) appears to have been registered in error.
Suggest cross-checking on this matter with HO.

The remaining minors (#2, 3, 4) are not British as they were born abroad.
They will not yet be eligible to apply to register at discretion under 3(1) as a parent does not appear to be naturalising with them; (assuming parent/s have PR).
It is also not clear if the children have PR, although its possible they have if they have been residing in UK for 5 years whilst sponsor/EEA parent exercised treaty rights.

This would explain why the 3(1) discretionary applications for minors #2,3 & 4 have been refused at this time.

Thank you for your reply.
They say we can ask them for review does that help , secondly the children's Grand Parents are British does that help in any case? Grand Father (passed away) but Grand Mother is still Alive and living at same place as Children?

qadri wrote:Thank you for your reply.
They say we can ask them for review does that help , secondly the children's Grand Parents are British does that help in any case? Grand Father (passed away) but Grand Mother is still Alive and living at same place as Children?

Review is usually relevant if there's been an error by HO in admin or their procedures.
Not sure that's happened here - they have simply applied the rules for s.3(1), including applying discretion - it just didn't go your way.

It's unclear what should be done for child #1 - that decision seems a clear error on part of HO. If born abroad s/he didn't yet qualify for regitration & citizenship.

As for grandparents, other members know more about the UK ancestry routes under UK, rather than the EU, immigration route.