MN1 Application and Babies Travel in & Out of UK

[ab26]

I would appreciate some advice on the following situation.

I am holding ILR issued on 17th Feb 2012.
My baby Girl born on 4th Feb 2012 is holding an Australian Passport.
I am applying for MN1 British Citizenship for her but have not lodged yet.

My daughter will travel to Portugal 10th July '12 for 7 days with her mother
Upon her return I am unsure on procedure for my daughter to enter UK.
She will be Australian passport holder with MN1 application pending.

Assuming I lodge MN1 in the next week, either personally or through NCS, can I have feedback on the situation/requirements for my daughter to re-enter the UK after the Holiday?

Additionally if we lodge MN1 personally the official Birth Certificate issued by Lambeth does not reference us as parents which I read was the requirement. The certified copies we received at the time signed by registrar does mention both parents. Which version is required?

Thanks you in advance for your feedback.

[geriatrix]

Where was the child born?

[Jambo]

I presume the child was born in Lambeth, London.

You will need to send the full birth certificate (which lists the parents name). This is the one you have been offered when you registered the birth (for an extra cost of a few pounds). The short version (free) certificate is not acceptable. Both certificate are official. You will also need the full version for a passport application later.

Having a MN1 application pending doesn't entitle the child entry to the UK. What is her mother immigration status? In practice, it is unlikely she will be turned back at the border but if you don't want to take changes, the child should have a valid visa before travelling.

[geriatrix]

Thanks Jambo, that was a indeed a stupid question to ask! Perils of selective reading!!

[asim72]

Does this Mr Lambeth issue all the birth certificates in england and wales?

[ab26]

Dear Jambo,

The Mother is on an Australian Passport with Work Permit sponsored by her employer. Categorised as Limited Leave to remain.

Based on your knowledge can you advise what type of Visa the Child would require for re entry.

We are really disappointed to be in this situation as we received paid advice that there would be no issue. I was told to submit the MN1 application and on re-entry to the UK ensure my partner(mother) was carrying a photocopy of MN1 application, original birth certificate of daughter/father, create a letter from father stating that my daughter had permission to travel with her mother and explain the application situation.

Thanks fro your support to understand this situation.

[Jambo]

Did you get the paid advice in writing or was it just verbal?

Going by the book, the child will need a visa to enter the UK (probably a dependant of her mother visa). However, if you plan to travel in 3 weeks you won't have enough time to get it.

In practice, the child would be allowed to enter the UK (where would the child go if they refuse her entry) but the mother should be aware that she might be delayed at the border while the Immigration Officer seeks approval from his manager (or something similar). The whole experience can be unpleasant (personal experience).

[batesford]

My son is also on Australian passport. I think AUS passport holders can enter UK freely on visiting purposes? Can't you just tell the border staff your child is born in UK and you are in the process of applying for registration?

I might be wrong...

[Jambo]

One can not enter as a visitor if his intentions are to stay. The IO will not let the child in as a visitor but will probably allow entry with a Leave to Enter for several months.

See similar success story - UK born child entry without a visa.

[batesford]

Hi Jambo,

Thanks for your reply. I am still not sure ahout the followings:
1. What's the difference between 'visitor visa' and 'leave to enter' stamp? My child is on Australian passport who does not need 'visitor visa' if he's just visiting.
2. I know anyone on visiting visa can not change visa categary if he/she is physically in UK. However my case does not apply as my son is not changing visa categary, he is applying for British Citizen.
3. Does it make any difference if same situation, however child is holding
Australian passport (visiting visa not required) or
Korean passport(visiting visa is required)

Many thanks again.
Batesford

[Jambo]

1. What's the difference between 'visitor visa' and 'leave to enter' stamp? My child is on Australian passport who does not need 'visitor visa' if he's just visiting.

I wasn't talking about a visa. Even as a non-visa visitor, you still get your passport stamped with certain conditions. I was saying he will not be allowed in as a visitor (because he is not visiting) so he will not get a visitor stamp but a different stamp which will allow him to enter the UK (although they might look very similar).

2. I know anyone on visiting visa can not change visa categary if he/she is physically in UK. However my case does not apply as my son is not changing visa categary, he is applying for British Citizen.

It doesn't apply as your child is not visiting the UK. His lives in the UK.

3. Does it make any difference if same situation, however child is holding
Australian passport (visiting visa not required) or
Korean passport(visiting visa is required)

It will not make a difference once you get to the border but it will make a difference whether the child can board a flight and reach the border.

[batesford]

Combined reading your comments to my question 1 and 3, it makes sense now. Many thanks again.

Q 2: I am applying ILR through Croydon PEO on 27th next month. Am quite optimistic about the outcomes(hopefully). Will definitely apply for my son's registration and passport straight afterwards. I am now starting booking NCS with local council.

We are planning to taking my son back home beginning of December this year. If we have not received his British passport by then, can we still go ahead with our holiday plan? I mean to travel on his Australian passport. There shouldn't be any problems leaving UK. If we take his Birth Cert, MN1 application or passport application evidence, will he be able to pass through the border control on our return? My wife will get mad if there is any issues(typical woman)

Thanks again.
batesford

[Jambo]

Registration normally takes 2-3 months. Child passport 2-3 weeks (or 1 week for extra cost). You should be fine for travel in December.