Immigrationboards.com

Hi there

I need some help regarding my child citizenship application. Will appreciate any guidance.

I have a child who was born here in the UK and is now 11 years old and has received his ILR too more than a year ago. He got his ILR as an asylum seeker and before applying for asylum he was without any legal immigration status.

My question is shall we apply on MN1 form or T form. Will there be any issue of his illegal status if we apply on MN1 form, as I heard they check 10 years legal stay for Citizenship application.

I have also received a fee waiver code for this application, and I stated in the fee waiver application that I intend to use T form. Will there be any issue if I apply MN1 form instead.

Thanks

I'm not sure about the fee wavier. But if I were you I would use form T as long as the child meets the residency and character requirements unless the child parents are holding ilr or are citizens then I would choose MN1.

There is no requirement regarding the child status over the years as far as I understand and you should only prove that the child meets the absences requirements and is of a good character.
Though if you are not sure I suggest to take professional legal advice.

razergd1 wrote: ↑

Wed Jan 25, 2023 4:47 pm

I'm not sure about the fee wavier. But if I were you I would use form T as long as the child meets the residency and character requirements unless the child parents are holding ilr or are citizens then I would choose MN1.

There is no requirement regarding the child status over the years as far as I understand and you should only prove that the child meets the absences requirements and is of a good character.
Though if you are not sure I suggest to take professional legal advice.

thanks for the reply. But the child has got ILR himself...would he still needs a parent with ilr...parents have got the ilr same day as the child btw.

The ILR of the child is irrelevant for section 1 (3). By your description it sounds that the child may be eligible under both routes, so just pick the easier one.
The child ILR only relevant for registration under discretion which he may or may not be eligible.
If both parents have ILR and they are ordinary residents in the UK than the MN1 form will lead to registration by law which is far better and easier in my opinion.

Registration under section 1 (3) is the easiest route in my opinion. Note that the child must be a minor on the application date.

All the above is MY understanding of the law. You should validate this information yourself or get professional advice if needed.

Also, as far as I m aware, there is no fee waiver for MN1. So you have received that due to station you will use form T, I suggest you stick with form T