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MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 1:41 pm
by twgal
We've just received our DCPRs - for myself and my minor child - and I'm now looking at what needs to be done for the next step: naturalization (me) & registration (my child). We will be able to apply from Sep 2017 onwards (we got PR status from Sep 2016).

The child's father is settled in the UK and has a DCPR as well, but I'm not sure whether he'll apply for citizenship. He doesn't live with us, we broke up a long time ago.

All of us are EEA citizens.

I'm a bit confused re completing the MN1 form for my child. I'm applying for my child under section 3(1) - child born outside of UK, registration at discretion. I will be sending the MN1 application together with my AN naturalisation application.

Do I need to complete section 3 in the MN1 form? I don't think so, but just wanted to make sure.

Thanks!

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 1:51 pm
by noajthan
Skip section 3; its not for a s.3(1) application.

And no issues if single parent if you can demonstrate sole responsibility and reasons for loss of contact with father & etc.

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 2:07 pm
by twgal
Thanks noajthan that's good to know I can skip that entire section 3. Points 3.13 and 3.15 confused me, as they refer to EEA nationals and exercising treaty rights.

The father will sign section 7 in MN1 - he will definitely give his consent for our child's registration (he gave consent for the PR application as well - for the child), even though he might not apply to naturalise himself.

And I don't have sole responsibility, we both have it - it's an informal arrangement - and he's involved in our child's life, they see eachother each week etc.

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 2:12 pm
by noajthan
Suggest study this guidance carefully then:
https://www.gov.uk/government/publicati ... structions

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 2:46 pm
by twgal
Thanks, I read that a while ago (you've pointed me to that document before - section 9.17) and I've come to the conclusion that it's very unlikely that they will refuse my child's application to register even though it's "at discretion"... but yes we need to make sure the application is as complete as possible.

My 8-yr old child will have been living in the UK for 6+ years by the time we apply for citizenship. Child and mother - who is the applicant for citizenship at the same time with the child - both have DCPR/PR status confirmed. The father - who is also settled here and has DCPR - will provide a letter of consent to the child's registration and sign the MN1 application.

I've now noticed the list of documents to be supplied - it's huge :) Do we need to send in the father's birth certificate, passport, and DCPR as well? I hope not, since he's not applying for citizenship himself.

Thank you.

9.17.32 The evidence to be supplied will depend to some extent on the circumstances of the case. Applications should therefore be supported by as much of the following documentary evidence as may be necessary in each case:
 Minor's birth certificate - YES
 Birth certificates of parents, guardians, or those with parental responsibility - Do we need the father's birth certificate?
 Marriage certificate of parents, guardians, or those having parental responsibility - NOT APPLICABLE
 Minor's passport(s)/travel document(s) - YES
 Travel documents of parents, guardians, or those having parental responsibility - Do we need the father's passport?
 School letters, school reports, employers’ letters (to provide evidence of residence and future intentions, where necessary) - YES
 Divorce documents - NOT APPLICABLE
 Court Orders concerning wardship, guardianship, adoption, custodianship, parental responsibility NONE
 Citizenship of parents - YES
 Parents' immigration status Do we need the father's DCPR?
 Minor's immigration status - YES, DCPR
 Minor's spouse's/civil partners citizenship, residence, immigration status - NOT APPLICABLE

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 2:50 pm
by noajthan
Father's bc: No, don't think so - not for s.3(1);
Father's passport: Yes (unless estranged);
Father's DCPR: definitely;
second parent needs to be at least settled, if not naturalising;
- aim is to reinforce concept that child's future is in UK.

A cogent cover letter explaining the joint responsibility & etc will probably help clarify any grey areas especially if not co-habiting.
Don't go over the top; (keep stiff upper lip).

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 2:57 pm
by twgal
Ouch, that might be a problem - to provide the passport of the father - as he travels frequently on business. So we'll have to use NCS then, they don't retain passports, do they?

Cover letter + father's passport + father's DCPR + consent letter added to the list then.

THANK YOU!

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 3:05 pm
by noajthan
Yes, NCS are helpful.

If you have Dad's bc then add in the mix or at least take to NCS; (I think my wife submitted hers as she had it available anyway).

Child does not need to attend NCS.

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 3:23 pm
by twgal
Thank you. Regarding child's "future" here - other than declaring intention to live in the UK in the form and in the cover letter, would any other docs help?

Something like proof of home ownership? Or maybe I should send a mortgage statement to show commitment to the bank/paying the mortgage :)

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 3:28 pm
by noajthan
twgal wrote:Thank you. Regarding child's "future" here - other than declaring intention to live in the UK in the form and in the cover letter, would any other docs help?

Something like proof of home ownership? Or maybe I should send a mortgage statement to show commitment to the bank/paying the mortgage :)
Not sure how much weight it carried, but in our case we also included letters from child herself (to the caseworker - describing her life, her assimilation and integration into UK to date, friends/interests/ambitions & etc) and also supporting letters/testimonials from child's school, Air Cadets, local priest & etc.

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 9:53 pm
by twgal
Wow, that's very soft 'evidence' - will think about it :)

thank you.

Re: MN1 section 3(1) application - confusion re: form

Posted: Tue Feb 07, 2017 9:58 pm
by noajthan
As I said, not sure if it helped. But it humanised the application.
Houses can be bought and sold too and doesn't speak to child's commitment.
A child may write baloney but a head
mistress (or AC CO or priest) is unlikely to.