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Hi All,
I wanted to ask a few questions on acquiring the British citizenship for my children. I hope someone could kindly advise please.
We are a family of 4 – parents and 2 children under 18.
My children were born outside the UK and neither me or my wife had ILR or citizenship when they were born.
We all got the ILR more than a year ago on the basis of 10 years long residence.
We are meeting all the requirements of naturalisation. My wife had applied for the naturalisation a few weeks ago and awaiting decision.
Now I am applying for my naturalisation. There is an option to apply for family members/children at the same time when one of the parents is applying for the naturalisation.
However, I know that child under 18 is not naturalised but registered as a British citizen through MN1. I’ve read MN1 guidelines and can’t seem to understand which section is applicable in our situation.
So my question is – under which route will my children under 18 become British citizen when 1) they were born outside the UK 2) neither parent had an ILR or citizenship at that time 3) we all now have 1 year old ILR but no citizenship for either parent yet (is in the process)?
Many thanks

Children born abroad (in your case) can be registered as British Citizens when they have ILR AND at least one parent applies for British Citizenship or is a British Citizen thereafter.

In this case, your wife already applied and now you want to apply also.

You can register the children via MN1 route.

Note, you can create an account and fill your AN form first. Add the child as “child below 18” then in the same account. The account will let you add family members. Fill the child’s form separately but in the same account. Child’s form will automatically adapt to MN1. Add the second child in the same manner again.

Thanks CULLINAN. Please could you answer the following additional questions:

So assuming my children are meeting all the requirements and I add them with my application
1) will their decision be dependent on the outcome of my naturalisation application?
2) Will their decision go down the route of Home Secretary's discretionary decision or will they definitely get the citizenship?
3) What application fee will be applicable for my children if I add them to my application - £1,330 or £1,012?
4) Does it mean that children don't have to wait for 1 year for their registration after getting ILR?

Many thanks

1) No one is a dependent for Nationality. Everyone qualifies on their own merits.

2) Someone who does not have an automatic entitlement to be registered as British in case of children OR adults who naturalise, all applications as per Home Secretary’s discretion. Nationality is not a right in your case, it is a privilege.

3) £1012 plus £19.20 biometrics fee.

4) Children do not have any residence requirements.

CULLINAN wrote: ↑

Sun Jan 31, 2021 12:20 am

4) Children do not have any residence requirements.

Depends on age and circumstances.

Children aged 13 or over

A child aged 13 or over should normally have completed at least 2 years residence in the UK before being registered.

Where a child was aged 16 or over when they arrived in the UK, you should normally refuse an application to register them as they will have had too short a period to establish personal connections with this country at a time when their future plans are unclear. However, each case must be considered on its individual merits and a child in these circumstances may be registered if there are grounds for doing so.

Examples of when it might be appropriate to register a child with less than 2 years residence include:

• • where they have a firm offer of a job in the UK which depends on British citizenship, particularly with HM forces, the police or the Civil Service
  • if the child is no more than 2 months short of 2 years residence at the date of consideration and either:
  • o they would still be a minor at the end of the 2 month period
    o they would reach the age of 18 before the end of the 2 month period but were prevented from coming to the UK earlier due to circumstances beyond the family’s control
    o there are compelling compassionate reasons for accepting a shorter period of residence or a refusal would cause the child considerable hardship
    o the child would be the only member of the family who would not become a citizen
    o applications have been made on behalf of more than one child and at least one is under 13 - there may be a case for registering the older ones despite less than 2 years residence in the UK
    o the child’s residence is broken but aggregated periods exceed the 2 years

It will not necessarily be appropriate to register everyone who falls into one of the above scenarios, even where they meet the other expectations.

Many thanks Vinny and Cullian - much appreciated.

@Vinny - I read the MN1 guidance before and have copied below the text from there. I am now clear on the children's residence requirement. Assuming I am adding my children to my naturalisation application (which presumably be an MN1 application for them being under 18), please could you or one of the seniors advise which MN1 section is applicable in my situation as I don't see anyone relevant:

"The British Nationality Act 1981 contains a number of provisions which give minors in certain circumstances an entitlement to registration as British citizens. They are:

•section 1(3) for UK born minors whose parent has become a British citizen settled here or in the armed forces

•section 1(4) for UK born minors with residence in the UK from birth to age 10

•section 3(2) born to British citizens outside the UK

•section 3(5) born to British citizens outside the UK where the family have lived in the UK for 3 years

•section 4(2) or section 4B for people who already have some form of British nationality, including:
- British overseas territories citizen
- British overseas citizen
- British national overseas
- British subjects
- British protected persons

•section 4D born outside the UK to a parent serving in the armed forces

•section 4F born before 1 July 2006 and would have an entitlement to registration had the child’s mother been married to their natural father

•section 4G born between 1 January 1983 and 30 June 2006 and would have become a British citizen automatically had the child’s mother been married to their natural father

•section 5 UK nationals for European Union treaty purposes

•schedule 2 paragraphs 3, 4 and 5 stateless minors"

Many Thanks

Section 3(1).

If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Thanks a lot - very helpful!