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MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 8:46 pm
by Marikistin
Hi i would appreciate your opinions re this.....
I have recently submitted our citizenship application AN (under EEA PR and BC spouse and 6 years residence) and MN1 and on my daughters application i had put it to be considered under 3(1)...but i am thinking as reading up in here that she cannot pass on her british citizenship to her children what is the way around this? Or what do you advise me to do? We have done our biometrics last 17/11/2018... should i send an email a cover letter of some sort? Please i hope you can help me. Thanks.

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 8:52 pm
by CR001
Section 3(1) for children is British Otherwise than By Descent and they CAN pass it on to their children. Who told you it is not possible??

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 8:53 pm
by CR001
Section 3(5) registration is for children who are born abroad to parents who are British by Descent, which doesn't apply to you if you are an EU citizen.

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 9:01 pm
by Marikistin
Sorry Char maybe i have misunderstood it cos I was thinking as on the guidance it is Registration at the Home Secretary's discretion...so would that mean if granted it will fall under British otherwise than by descent for my childs registration? Thanks.
My head is just everywhere apologies. The waiting is just crazy although i know i am not waitkng as long as others. Thank you Char for your reply.

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 9:04 pm
by CR001
Sorry Char maybe i have misunderstood it cos I was thinking as on the guidance it is Registration at the Home Secretary's discretion...so would that mean if granted it will fall under British otherwise than by descent for my childs registration?
Correct. Registration at discretion is simply the term used for 3(1) registrations whereas 1(3) registrations for example is an entitlement (i.e. not at discretion). That is the only difference between the two, but they both are British otherwise than by descent.

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 9:08 pm
by Marikistin
That is so great to know!!! Char thanks a million!!! I always learn something new everyday :) and relieved on that. :)

Re: MN1 3(1) , 3(5)???

Posted: Tue Nov 27, 2018 9:18 pm
by CR001
Keep your chin up, you should hear some good news soon hopefully.