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MN1 reg. for child born outside UK - qualifying period
Posted: Thu Dec 22, 2016 9:36 am
by back2uk2
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.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Thu Dec 22, 2016 9:38 am
by noajthan
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.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Thu Dec 22, 2016 9:44 am
by CR001
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.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Thu Dec 22, 2016 9:53 am
by back2uk2
My son is 9 years old.
From CR001's reply seems he does have to wait for 1 year, same as us parents.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Thu Dec 22, 2016 9:59 am
by noajthan
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.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Fri Dec 23, 2016 9:34 am
by back2uk2
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.
Re: MN1 reg. for child born outside UK - qualifying period
Posted: Fri Dec 23, 2016 10:42 am
by noajthan
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.