Children's MN1 Registration (Section 3(1)) – One parent British, one parent recently granted ILR

[waltercho]

Hi everyone,

I’m seeking advice on the best timing and route for my children's citizenship. Our family situation has recently changed, and I want to ensure I’m following the most efficient path.

The Background:
○ Father: Recently naturalised as a British Citizen (Passport recently issued).
○ Mother: Has lived in the UK for 5+ years and has just had her Indefinite Leave to Remain (ILR) approved.
○ Children: All born abroad. They have lived in the UK for over 5 years as dependants. Their current visas are still valid for several months.

The Plan:
Instead of applying for ILR for the children, we are considering skipping that stage and applying directly for British Citizenship Registration under Section 3(1) using Form MN1.

My Questions for the experts:
The MN1 guidance often refers to the expectation that “the child is settled in the UK”, but Section 3(1) itself is discretionary. I am interested in practitioners’ experience with cases where:
○ the family is clearly permanently settled,
○ both parents are now either British or settled, and
○ the children have several years’ lawful residence in the UK.

Has anyone successfully registered children in similar circumstances without first obtaining ILR for the child, or is the Home Office currently insisting on the child being settled before exercising discretion?

Any guidance on whether this 'shortcut' directly to MN1 is advisable would be greatly appreciated. Thanks in advance

[CR001]

How old are the children?

How long (years) have they lived in the UK?

Children born abroad need to have ILR before they can be registered as British. There is no shortcut for them.

[waltercho]

Children were born abroad, living in the UK since 2020 (6 years). Their age is 9 and 15.

[CR001]

Your children need ILR and you should have included them with your wife's ILR application.

At least 3 Members I am aware of have recently had refusals because they thought they could skip ILR for the born abroad children, an expensive mistake.