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MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 10:30 am
by prince99
Hello all,
the online application is asking for parents immigration status and I'm on ILR and Child is born in UK when I dont have ILR. should I answer Yes for the below question??

"Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?"

Thanks

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 10:44 am
by CR001
prince99 wrote: ↑
Mon Aug 20, 2018 10:30 am
"Are you relying on your parent's permanent residence (either as an EEA National or the family member of an EEA National) as evidence of their settled status in the United Kingdom?"
No as you did NOT get PR under the EEA/EU rules as you held Tier 2 before ILR. You don't complete EEA/EU family sections.

Are you using the online form? Note that not all of us can see the questions on the online forms.

There should be a part where it asks parent details and status, per page 5 of the paper form.

https://assets.publishing.service.gov.u ... -07-18.pdf

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 10:59 am
by prince99
Hi CR001,
I am using online form as NCS doesnt have dates for next couple of weeks.

I filled in the parents details of both me and my wife (PBS dependant not ILR).

it didnt mention section 3 so got confused.

quick question:
1.Should I fill in all the previous address of where we/she lived in UK?
she is out of country for 6 months, I filled in that overseas address. is that ok?

2. Should other documents listed like : Parents consent letter ?

thanks

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 11:01 am
by CR001
1. Fine.

2. No. Submit what the form asks.

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 11:11 am
by prince99
Thanks CR001.

I filled in 90% of application and when I downloaded partially filled application, It mentioned documents:
PR proof of mine.
Marriage Certificate.
Applicant BRP n Passport.
Birth Certificate.
"A letter of consent from xxx parent(s) or legal guardian(s)
The letter must:
give their full names and addresses say that they agree to let you apply for a British citizenship
If you have more than one parent or legal guardian, they must both sign the letter and
confirm that they agree to what it says. The letter must be an original document - not a
photocopy. If you only have one parent or legal guardian they must explain why the
other parent is unable to consent e.g. whereabouts unknown, no contact since
MM/YYYY."

thanks

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 11:13 am
by CR001
It is not needed for UK born children who have an entitlement to register as British.

Re: MN1 Parents Immigration status

Posted: Mon Aug 20, 2018 11:15 am
by prince99
Thank you.

Re: MN1 Parents Immigration status

Posted: Tue Aug 21, 2018 11:36 am
by prince99
CR001 wrote: ↑
Mon Aug 20, 2018 11:13 am
It is not needed for UK born children who have an entitlement to register as British.
Hi Cr001,
Should I send both myself and my wife passport along with mn1 form or just mine is sufficient?

Thanks

Re: MN1 Parents Immigration status

Posted: Tue Aug 21, 2018 11:39 am
by CR001
Only the parent who holds ILR.

Re: MN1 Parents Immigration status

Posted: Tue Aug 21, 2018 11:53 am
by prince99
Thanks and I filled the complete online application which is asking for consent of both parents form to be filled and sent along with 2 referees...πŸ€”

Also paper form saying section 3(5) and 4D and all other applications to fill parents consent letter..

Re: MN1 Parents Immigration status

Posted: Tue Aug 21, 2018 11:57 am
by CR001
Thanks and I filled the complete online application which is asking for consent of both parents form to be filled and sent along with 2 referees...πŸ€”
You need the referees regardless of paper or online form. If the form has a consent page for both parents to sign, what is the issue then to get your spouse to sign in Section 7?? You previously asked about a consent letter, which I said was not needed. You did not ask about the consent page of the form.
Also paper form saying section 3(5) and 4D and all other applications to fill parents consent letter..
Section 3(5) and 4D is NOT relevant to your childs application as they are applying under section 1(3). Have you read the MN1 guidance notes???
The consent of both parents is required for applications made under section 3(5) and 4D and is
expected for all other applications.
It says 'expected', not 'mandatory'. A UK born child has an entitlement to register.

You are overthinking this process.

Re: MN1 Parents Immigration status

Posted: Wed Jan 09, 2019 11:52 pm
by SidiBou
CR001 wrote: ↑
Tue Aug 21, 2018 11:39 am
Only the parent who holds ILR.
Hi CR001 and All-

I just received my ILR card for myself, wife and 2 children (3 and 4). Both children born in the UK. I am filling out the online MN1 application. However, I noticed the online version is not asking me to fill out a table with the children absence for the last 3 years Vs the paper application which does.
Is that because my children have an ILR which makes them compliant with the continuous residency rqt? Or will that be asked at later stage?

I copied the below from the MN1 guidelines document:
β€œSECTION 2: RESIDENCE
2.3 Fill in this table showing the periods the child has been abroad during the 3 years residence in the UK or British overseas territory if appropriate ignoring the day they left and arrived back in the United Kingdom/territory. If there is not enough room for all the absences then continue on page 31. Add up the total and write it in the space indicated.”

Thanks!

Re: MN1 Parents Immigration status

Posted: Thu Jan 10, 2019 12:14 am
by vinny
There are no residence requirements for registrations of UK-born children under Section 1(3).

Re: MN1 Parents Immigration status

Posted: Thu Jan 10, 2019 1:26 am
by SidiBou
vinny wrote: ↑
Thu Jan 10, 2019 12:14 am
There are no residence requirements for registrations of UK-born children under Section 1(3).
Thanks Vinny!

Re: MN1 Parents Immigration status

Posted: Thu Jan 10, 2019 6:43 am
by CR001
Why did you apply for ILR for the children?? There was no need to. You could have skipped ILR for them and applied for citizenship directly once either parent got ILR.

Re: MN1 Parents Immigration status

Posted: Thu Jan 10, 2019 8:08 am
by SidiBou
CR001 wrote: ↑
Thu Jan 10, 2019 6:43 am
Why did you apply for ILR for the children?? There was no need to. You could have skipped ILR for them and applied for citizenship directly once either parent got ILR.
Hi CR001,
I knew you would have asked me that question :)

You are correct it does not make sense to spend 3K x 2 for ILR when you can do citizenship for kids. However, since my company paid for it in full utilising a 3rd party professional firm E2E, why not? I requested that to avoid travel restrictions while waiting on citizenship approval. Especially that I have several family trips lined up and knowing that it takes up to 6 months for a decision. Truly, the average is 1 month but why risking it if there is a good alternative that does not put a financial burden on me.

Thanks for your continuous support and expertise. I am really impressed with your level of knowledge and dedication to help others.