Naturalisation/Registration Clarification Please!

[SgtBellPepper]

Hi there,

I know I'm jumping the gun slightly but wanted to ask this question anyway.

I have been reading up on the next step for my wife and daughter, who are currently awaiting their ILR (spouse + child dependant).

I am a BC and having read the FAQs I wanted to check something to see if I am reading the info correctly.

The way I read it, and correct me if I'm wrong, is that for my wife following on from her ILR success, she will have to wait till she gets to the 3 year residence waypoint before she can submit an AN application. However, my daughter, who is 3 years old, after ILR success, does not have to wait the same residence time, and can immediately make an MN1 application.

Is that correct? Or have I read it wrong, and both applications must be submitted later?

Thanks very much!

[Jambo]

Your understanding is correct.

[SgtBellPepper]

Thanks Jambo.

Much appreciated!

[SgtBellPepper]

Hi Jambo, or anyone else in the know, I have just read Guide MN1, and it seems to contradict that information.

Under section 3(5), the applicable section for my daughter, it states a residency requirement of 3 years for the child and their parents.

Hmmm? Confused!!!

Thanks again for your time and help.

[push]

Hi Jambo, or anyone else in the know, I have just read Guide MN1, and it seems to contradict that information.

Under section 3(5), the applicable section for my daughter, it states a residency requirement of 3 years for the child and their parents.

Hmmm? Confused!!!

Thanks again for your time and help.

Depending upon which section of immigration rules you are under, you may not need to fill the section 3(5). Where was your daughter born? What was your visa status then?.

[SgtBellPepper]

My daughter was born in South Africa.

I was born in Rhodesia (now Zimbabwe) to a British mum. So I gained my British citizenship by descent through her and her parents who were also British. My mum and her parents were all born in the UK.

Thanks for the info push.

Cheers.

[Jambo]

As push correctly pointed out, this depends on the section the child applies under. (These are the sections in the British Nationality Act not the sections in the form) .

I (wrongly) assumed that you are naturalised British which means the child applies under section 3(1) which is application at discretion. If you are British by decent, then the child can apply under section 3(2) or 3(5) which are entitlement to be registered (so no discretion by the HO if the child meets the requirements).

I suggest you read Can I register a child aged under 18 as a British citizen? to understand the different sections.

Section 3(5) is the strongest although will require residence in the UK. You can also apply under 3(1) which doesn't require residence but is at discretion (although likely to be granted in your case once the mother has ILR).

[SgtBellPepper]

Hi Jambo,

Thanks for the info. This confirms what I thought.

We will be applying under section 3(5), regardless of the residency requirement.

Why? Simply because it works in my daughters favour. Under 3(2) she will not have the right to pass on her British citizenship by descent. However, under 3(5) she will retain this right.

For this reason we think it is worth going the extra mile.

Fair assessment do you think?

Thanks again.

[Jambo]

Application under 3(5) requires 3 years of residence with a limit of the number of days absent from the UK.

Assuming your daughter would meet the 3 years residence sometime next year, it is worth the wait.

[SgtBellPepper]

Thank you very much Jambo.

Your input is appreciated!!!

[anustaya]

As push correctly pointed out, this depends on the section the child applies under. (These are the sections in the British Nationality Act not the sections in the form) .

I (wrongly) assumed that you are naturalised British which means the child applies under section 3(1) which is application at discretion. If you are British by decent, then the child can apply under section 3(2) or 3(5) which are entitlement to be registered (so no discretion by the HO if the child meets the requirements).

I suggest you read Can I register a child aged under 18 as a British citizen? to understand the different sections.

Section 3(5) is the strongest although will require residence in the UK. You can also apply under 3(1) which doesn't require residence but is at discretion (although likely to be granted in your case once the mother has ILR).

Hi guys,

I think I am in a similar situation. My wife got her ILR july last year. Our son whos is almost five years old was born in America but have been a resident for well over four years. His leave to remain is due to expire in August.
Can we register him as a british national using MN1? If so, which section applies in my son's case.
Somebody advice please.
Thanks

[Jambo]

As push correctly pointed out, this depends on the section the child applies under. (These are the sections in the British Nationality Act not the sections in the form) .

I (wrongly) assumed that you are naturalised British which means the child applies under section 3(1) which is application at discretion. If you are British by decent, then the child can apply under section 3(2) or 3(5) which are entitlement to be registered (so no discretion by the HO if the child meets the requirements).

I suggest you read Can I register a child aged under 18 as a British citizen? to understand the different sections.

Section 3(5) is the strongest although will require residence in the UK. You can also apply under 3(1) which doesn't require residence but is at discretion (although likely to be granted in your case once the mother has ILR).

Hi guys,

I think I am in a similar situation. My wife got her ILR july last year. Our son whos is almost five years old was born in America but have been a resident for well over four years. His leave to remain is due to expire in August.
Can we register him as a british national using MN1? If so, which section applies in my son's case.
Somebody advice please.
Thanks

I think I am in a similar situation - you mean you are also British citizen by decent?

[anustaya]

Not avcitizen by decent, on ILR.

[Jambo]

Not avcitizen by decent, on ILR.

In that case, you are not in a similar situation. Your son can apply when one of you apply.

See Q1 in Citizenship FAQs - Common Questions - Read before posting - Children.

[anustaya]

Thanks mate.