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MN1 Related Query
Posted: Fri Feb 02, 2024 12:26 pm
by vkj
Hi,
We need some advice on MN1 route.
I had my British Citizenship on 08/02/2021 and stayed in UK until 26/11/2022 and traveled to India on an emergency basis and stayed back until now.
We are expecting a child in August 2024 and wondering what visa can we apply for the child in order to come to UK.
I have found this on MN1 Section 3(2)
The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a qualifying British overseas territory) for a
continuous period of 3 years at any time before the child’s birth. During that period
Guide MN1
10
they should not have absences exceeding 270 days. The application must be made
whilst the child is under 18 years of age.
The 3-year residence requirement for the parent does not need to be met if the child is
stateless.
What does stateless means here?
Can we apply MN1 route Section 3 (2) based on the above?
Your reply is highly appreciated
Regards,
VKJ.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 12:30 pm
by meself2
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
what visa can we apply for the child in order to come to UK.
I assume you got naturalized?
Then child is British by descent, apply for a British passport for him.
If not, that'll be a different ball game.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 12:43 pm
by contorted_svy
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
Hi,
We need some advice on MN1 route.
I had my British Citizenship on 08/02/2021 and stayed in UK until 26/11/2022 and traveled to India on an emergency basis and stayed back until now.
We are expecting a child in August 2024 and wondering what visa can we apply for the child in order to come to UK.
I have found this on MN1 Section 3(2)
The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a qualifying British overseas territory) for a
continuous period of 3 years at any time before the child’s birth. During that period
Guide MN1
10
they should not have absences exceeding 270 days. The application must be made
whilst the child is under 18 years of age.
The 3-year residence requirement for the parent does not need to be met if the child is
stateless.
What does stateless means here?
Can we apply MN1 route Section 3 (2) based on the above?
Your reply is highly appreciated
Regards,
VKJ.
Could you clarify what is your nationality status? Are you British by descent? Did you naturalise?
The child isn't born yet - depending on your nationality status, if you can arrange for your child to be born in the UK, they may be British otherwise than by descent automatically at birth. If your child is born in India they will not be stateless.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:27 pm
by vkj
meself2 wrote: ↑Fri Feb 02, 2024 12:30 pm
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
what visa can we apply for the child in order to come to UK.
I assume you got naturalized?
Then child is British by descent, apply for a British passport for him.
If not, that'll be a different ball game.
Yes I got naturalized on 08/03/2021.
What about 3 years continous residence in UK before child was born as stated in the guidance.?
Does it apply to me?
Regards,
VKJ.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:31 pm
by meself2
It doesn't matter in your case, you are British otherwise than by descent - child will be British by descent, you don't need to submit MN1. Apply for a passport.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:33 pm
by vkj
contorted_svy wrote: ↑Fri Feb 02, 2024 12:43 pm
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
Hi,
We need some advice on MN1 route.
I had my British Citizenship on 08/02/2021 and stayed in UK until 26/11/2022 and traveled to India on an emergency basis and stayed back until now.
We are expecting a child in August 2024 and wondering what visa can we apply for the child in order to come to UK.
I have found this on MN1 Section 3(2)
The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a qualifying British overseas territory) for a
continuous period of 3 years at any time before the child’s birth. During that period
Guide MN1
10
they should not have absences exceeding 270 days. The application must be made
whilst the child is under 18 years of age.
The 3-year residence requirement for the parent does not need to be met if the child is
stateless.
What does stateless means here?
Can we apply MN1 route Section 3 (2) based on the above?
Your reply is highly appreciated
Regards,
VKJ.
Could you clarify what is your nationality status? Are you British by descent? Did you naturalise?
The child isn't born yet - depending on your nationality status, if you can arrange for your child to be born in the UK, they may be British otherwise than by descent automatically at birth. If your child is born in India they will not be stateless.
I am a British Citizen and got naturalised on 08/03/2021.
We have a due date for the child to be born sometime in August 2024 .so I wonder what application can we apply on this circumstances if we want to travel back to UK.
So what is stateless means ? I thought having no citizenship?
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:34 pm
by vkj
contorted_svy wrote: ↑Fri Feb 02, 2024 12:43 pm
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
Hi,
We need some advice on MN1 route.
I had my British Citizenship on 08/02/2021 and stayed in UK until 26/11/2022 and traveled to India on an emergency basis and stayed back until now.
We are expecting a child in August 2024 and wondering what visa can we apply for the child in order to come to UK.
I have found this on MN1 Section 3(2)
The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a qualifying British overseas territory) for a
continuous period of 3 years at any time before the child’s birth. During that period
Guide MN1
10
they should not have absences exceeding 270 days. The application must be made
whilst the child is under 18 years of age.
The 3-year residence requirement for the parent does not need to be met if the child is
stateless.
What does stateless means here?
Can we apply MN1 route Section 3 (2) based on the above?
Your reply is highly appreciated
Regards,
VKJ.
Could you clarify what is your nationality status? Are you British by descent? Did you naturalise?
The child isn't born yet - depending on your nationality status, if you can arrange for your child to be born in the UK, they may be British otherwise than by descent automatically at birth. If your child is born in India they will not be stateless.
I am a British Citizen and got naturalised on 08/03/2021.
We have a due date for the child to be born sometime in August 2024 .so I wonder what application can we apply on this circumstances if we want to travel back to UK.
So what is stateless means ? I thought having no citizenship?
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:42 pm
by meself2
Stateless means having no citizenship.
But you're British otherwise then by descent -> child will be British by descent.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 1:45 pm
by contorted_svy
vkj wrote: ↑Fri Feb 02, 2024 1:34 pm
contorted_svy wrote: ↑Fri Feb 02, 2024 12:43 pm
vkj wrote: ↑Fri Feb 02, 2024 12:26 pm
Hi,
We need some advice on MN1 route.
I had my British Citizenship on 08/02/2021 and stayed in UK until 26/11/2022 and traveled to India on an emergency basis and stayed back until now.
We are expecting a child in August 2024 and wondering what visa can we apply for the child in order to come to UK.
I have found this on MN1 Section 3(2)
The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a qualifying British overseas territory) for a
continuous period of 3 years at any time before the child’s birth. During that period
Guide MN1
10
they should not have absences exceeding 270 days. The application must be made
whilst the child is under 18 years of age.
The 3-year residence requirement for the parent does not need to be met if the child is
stateless.
What does stateless means here?
Can we apply MN1 route Section 3 (2) based on the above?
Your reply is highly appreciated
Regards,
VKJ.
Could you clarify what is your nationality status? Are you British by descent? Did you naturalise?
The child isn't born yet - depending on your nationality status, if you can arrange for your child to be born in the UK, they may be British otherwise than by descent automatically at birth. If your child is born in India they will not be stateless.
I am a British Citizen and got naturalised on 08/03/2021.
We have a due date for the child to be born sometime in August 2024 .so I wonder what application can we apply on this circumstances if we want to travel back to UK.
So what is stateless means ? I thought having no citizenship?
Yes, it means no citizenship, though this wouldn't necessarily apply to your child even if you were British by descent and your child was born abroad. But you are naturalised British so your child will be British by descent as meself2 also pointed out.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:09 pm
by vkj
meself2 wrote: ↑Fri Feb 02, 2024 1:31 pm
It doesn't matter in your case, you are British otherwise than by descent - child will be British by descent, you don't need to submit MN1. Apply for a passport.
Ok thank you.
So Can I apply directly British Passport from India.
What documents I need to furnish to support the application.
Thanks
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:14 pm
by alterhase58
Apply online:
https://www.gov.uk/overseas-passports
The application will tell you which documents specifically, the minimum is parent's naturalisation certificate and child's birth certificate showing parent(s) name(s) - original documents. HMPO can always ask for more documents if they deem necessary.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:31 pm
by vkj
alterhase58 wrote: ↑Fri Feb 02, 2024 2:14 pm
Apply online:
https://www.gov.uk/overseas-passports
The application will tell you which documents specifically, the minimum is parent's naturalisation certificate and child's birth certificate showing parent(s) name(s) - original documents. HMPO can always ask for more documents if they deem necessary.
Do we need apply for British Citizenship first and then apply for British Passport?
Do we have any timelines that I need to do once the child is born?
Regards,
Vamsi.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:33 pm
by alterhase58
vkj wrote: ↑Fri Feb 02, 2024 2:31 pm
alterhase58 wrote: ↑Fri Feb 02, 2024 2:14 pm
Apply online:
https://www.gov.uk/overseas-passports
The application will tell you which documents specifically, the minimum is parent's naturalisation certificate and child's birth certificate showing parent(s) name(s) - original documents. HMPO can always ask for more documents if they deem necessary.
Do we need apply for British Citizenship first and then apply for British Passport?
NO - child is already British!
Do we have any timelines that I need to do once the child is born?
Not sure what this is - but child is British and allowed to apply for a British passport.
Sorry I keep thinking child is already born .... but the principle is the same - the minute child is born she/he will be british because you are already British. But you need to get the birth certificate for the application.
Regards,
Vamsi.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:43 pm
by vkj
alterhase58 wrote: ↑Fri Feb 02, 2024 2:33 pm
vkj wrote: ↑Fri Feb 02, 2024 2:31 pm
alterhase58 wrote: ↑Fri Feb 02, 2024 2:14 pm
Apply online:
https://www.gov.uk/overseas-passports
The application will tell you which documents specifically, the minimum is parent's naturalisation certificate and child's birth certificate showing parent(s) name(s) - original documents. HMPO can always ask for more documents if they deem necessary.
Do we need apply for British Citizenship first and then apply for British Passport?
NO - child is already British!
Do we have any timelines that I need to do once the child is born?
Not sure what this is - but child is British and allowed to apply for a British passport.
Sorry I keep thinking child is already born .... but the principle is the same - the minute child is born she/he will be british because you are already British. But you need to get the birth certificate for the application.
Regards,
Vamsi.
Many thanks for your prompt reply.
Much appreciated.
I have a one more question , my wife's still on ILR which will expire on Dec 2024 but this October 2024 she hits the rule of staying out of UK more than 2 years as due to personal reasons.
Does it affect the child application in any way ?
What is the route for my wife to enter UK again?
Many thanks
Vamsi.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:47 pm
by alterhase58
Passport application is not immigration so your wife’s status has no bearing on child’s passport application. As I said child will be British not subject to immigration.
For wife’s ILR you need to ask questions in the ILR forum - not familiar with that.
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 2:49 pm
by contorted_svy
She will need to apply for a spouse visa I imagine. It won't affect child's application as they will be British through you. Passport applications from abroad do take a long time (up to six months I think).
Re: MN1 Related Query
Posted: Fri Feb 02, 2024 3:08 pm
by Ticktack
contorted_svy wrote: ↑Fri Feb 02, 2024 2:49 pm
She will need to apply for a spouse visa I imagine. It won't affect child's application as they will be British through you. Passport applications from abroad do take a long time (up to six months I think).
Wife already has ILR, she can't apply for spouse visa again. Worse case would be applying for returning resident ILE or NTL.
OP, you've been told multiple times that your child would be British at birth. Not sure how much clearer you want it to be stated. All you would need is to apply for a British passport. Or you apply for Indian passport and apply for RoA on it.