Form MN1 or Form T

[manrtk]

Hi,

My wife is German and through exercising her treaty rights for 5 years I got ILR and eventually got my British passport in 2010. My wife has PR but never naturalised and never got a British passport.

We have 2 children born in 2004 and 2007, both were born before we obtained permanent residence in the UK, they both have German passports and we would like to apply for residency for them, what is the best approach? Which form is the most suitable for us? Should we fill in form MN1 or form T (for my older child who is 11). Are they still eligible even though my wife is not naturalised?

Thanks

[noajthan]

Hi,

My wife is German and through exercising her treaty rights for 5 years I got ILR and eventually got my British passport in 2010. My wife has PR but never naturalised and never got a British passport.

We have 2 children born in 2004 and 2007, both were born before we obtained permanent residence in the UK, they both have German passports and we would like to apply for residency for them, what is the best approach? Which form is the most suitable for us? Should we fill in form MN1 or form T (for my older child who is 11). Are they still eligible even though my wife is not naturalised?

Thanks

Where were the children born?

If born in UK, they are entitled to be registered as UK citizens under Section 1(3) of BNA as soon as at least 1 parent is settled (eg has PR) or is naturalised in UK.
Use form MN1 for this purpose.

Ref https://www.gov.uk/government/uploads/s ... ations.pdf
- see pages 7-8

Once successfully registered you can shoot for their first British passports (by separate/individual applications).

[Obie]

2004 child born in the UK may use Form T, as that is a section 1 (4) case.

2007 may only use MN (1).

If 2004 child has been away for extended period in last 10 years, only MN (1) can be used, and subject to passing character test.