Hello again,
I have read the MN1 guidance and MN1 caseworker guidance. I would like to share a few sections. What would be your comments on this situation?
According yo MN1 guidance;
Any other child born to British or non-British parents
It is not possible to cover all circumstances under which the Home Secretary might exercise discretion. However, in considering any application not specifically covered above we will look at all of these:
- the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
- where the child’s future is likely to lie
- the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
- whether the child is of good character
- the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13) – this would be considered along with the other factors above, such as whether the child is settled in the UK
- any compelling circumstances
The way that discretion may be exercised is described in the Caseworker guidance available for viewing on the GOV.UK website. These guidance documents are used by trained nationality caseworkers and do not constitute a definitive set of criteria for registration. They must be taken as a whole. The fact that children may satisfy certain criteria does not mean they will be registered if there are other criteria that they do not satisfy.
According to above section they axpect either both parents to be British or one parent British and Other parent settled in the UK. This does not seem appropriate for our situation because my wife and I will be settled in the UK.
Howewer; according to MN1 caseworker guidance;
6.7 Other applications under section 3(1)
Child’s parents’ circumstances
To register a child under this provision you should normally be satisfied that one of the parents is either a British citizen or has applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:
- the other parent is settled in the UK
- the other parent is unlikely in the short or medium term to be returnable to their country of origin (for example they have been granted refugee status or humanitarian protection) and there is no other reason to believe that the child’s future lies outside the UK
If the child’s parents have divorced or separated and the child does not have ongoing contact with the other parent, you should be satisfied that either:
- the parent having day-to-day responsibility for the child is, or is about to become a British citizen
- the parent having day-to-day responsibility is settled here but there are strong reasons why registration would be appropriate
It will rarely be right to register a child neither of whose parents is, or is about to become, a British citizen. However, each case must be considered on its individual merits and there may be exceptional circumstances to justify registration in a particular case such as:
- older children (16 and above) who have spent most of their life in the UK or children who require citizenship to follow a particular career such as in the Armed Forces
- the child’s future clearly lies in the UK
- the person making the application has day-to-day responsibility for the child’s upbringing and is, or is about to become, a British citizen
The most interesting part is "It will rarely be right to register a child neither of whose parents is, or is about to become, a British citizen."
And also the key part is;
Child’s immigration status
If the child has been in the UK for more than 10 years, you must consider the application in accordance with the section above(childeren aged 13 or over).
In other cases, we would normally expect the child to have become settled in the UK before applying for British citizenship. This is because a child’s future can clearly be seen to lie in the UK if they are not subject to immigration time restrictions. It is also consistent with other routes based on residence in the UK, in which a person is expected to follow a path through settlement to citizenship.
This will normally mean that the child has indefinite leave to remain under the immigration rules.
If the child is not settled in the UK, you must consider whether there is compelling evidence to show that:
- the child’s future clearly lies in the UK
- the benefit to the child of becoming a British citizen at the current time outweighs the normal expectation that a person becoming a British citizen should be settled here - (a child does not need to be a British citizen to access education or health care in the UK, but there may be other factors that mean it is important for the child to become British now)
Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
- the child satisfies the other expectations for registration
- the parents meet the expectations with regard to their circumstances
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions.
As a result, There may be circumstances where the normal expectations for registration are not met (like my stiuations) but there are exceptional circumstances which mean that it is appropriate to register a child.
What do you think?