Applying for Child who is now 10 years

[isaac2k2]

Hi

I currently hold the ILR for me, my wife and son (born outside UK). I have 2 twin daughters who where born in UK before I had my ILR and they are now 10 years old.

Can I apply for British passport for my daughters without Naturalizing?

Thanks

[CULLINAN]

No, you will have to register your daughters as British Citizens via MN1 route first if they are born in UK before you had settled status i.e. your ILR.

[isaac2k2]

No, you will have to register your daughters as British Citizens via MN1 route first if they are born in UK before you had settled status i.e. your ILR.

Thanks for the reply. It was my understanding that any child over 10 can apply for British passport without MN1.

But if I apply for mine and get it, will they still need to do MN1?

[CULLINAN]

Your understanding is not correct. They will have to be registered as BC before they can apply for a BP, regardless if you become British now or not as they were born before you were settled in UK.

[secret.simon]

It was my understanding that any child over 10 can apply for British passport without MN1.

You misunderstood.

Children born in the UK who have lived in the UK for the first ten years of their lives (with no absence exceeding 90 days per year) are entitled to register as British citizens using Form T (not form MN1)-the fees are the same for both forms. That is a registration that is irrespective of their parents status and is a lifelong entitlement, but the children still need to register as British citizens.

The only time a child can acquire British citizenship without registration is at birth (that is provided the provisions of the British Nationality Act 1981 are met at the time of birth). Any time after birth, even the day after, the child would require registration in order to acquire British citizenship.

But if I apply for mine and get it, will they still need to do MN1?

Yes. The only way for a person to acquire British citizenship after birth is by either registration or naturalisation. The only time British citizenship is acquired automatically is at birth.

[CULLINAN]

For my info: Is there any other benefit of applying via Form T VS MN1 other than it is a lifelong entitlement irrespective of parent’s immigration status in this case (obviously if meets less than 90 days absence/year requirement)?

[CULLINAN]

@secret.simon
If my understanding is correct, normally Form T route is only taken if neither of the parent(s) has settled status or the child is already 18+ i.e. an adult. Generally, it is considered for a UK born child whose parent(s) are settled, that MN1 route is an easier option? As in this case the child qualifies on Form T and MN1 both, what do you say?

[srsw]

@secret.simon
If my understanding is correct, normally Form T route is only taken if neither of the parent(s) has settled status or the child is already 18+ i.e. an adult. Generally, it is considered for a UK born child whose parent(s) are settled, that MN1 route is an easier option? As in this case the child qualifies on Form T and MN1 both, what do you say?

I was reading this the other day, so you are correct except for the 18+ bit I think. From age 10 years onwards they qualify. Section 1(4) in below link:

https://www.legislation.gov.uk/ukpga/1981/61/section/1

[CULLINAN]

@srsw
Children only below 18 can be registered via MN1 but children (below 18 or 18+ who are adults by that time) can also be registered via Form T (obviously who meets the Form T criteria). That is what I meant.

[secret.simon]

If my understanding is correct, normally Form T route is only taken if neither of the parent(s) has settled status or the child is already 18+ i.e. an adult. Generally, it is considered for a UK born child whose parent(s) are settled, that MN1 route is an easier option? As in this case the child qualifies on Form T and MN1 both, what do you say?

Oh, I agree that MN1 is easier compared to Form T.

I was just highlighting that this may be the basis for the OP's erroneous supposition that any UK-born child over the age of 10 can apply for a British passport. Like most suppositions, it has a kernel of truth, but is not wholly correct.

For my info: Is there any other benefit of applying via Form T VS MN1 other than it is a lifelong entitlement irrespective of parent’s immigration status in this case (obviously if meets less than 90 days absence/year requirement)?

No, other than these two requirements, there is no other advantage to a Form T application over a Form MN1 application.

Indeed the evidence required is harder to collect for a Form T application as the applicant has to prove that they were not absent from the UK in the first three years of their lives by means of proofs such as doctor appointment letters, nursery letters and such data is not generally kept by the doctor surgery/school for long periods of time.

[CULLINAN]

Thank you for the clarification.