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MN1 submitted under incorrect section of BNA 1981

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

MN1 submitted under incorrect section of BNA 1981

Post by naija99 » Tue Jan 01, 2013 11:06 am

Happy New Year everyone.

A friend submitted an application MN1 for two children born 2004 and 2008.

He is a british citizen from 2011 and not married to the kids mother.

Both applications were submitted under 1(3) although I believe the 2004 child should have been under 3(1). As he submitted the applications together in December 2012, would you advise that he write to UKBA asking for the 2004 child's application to be considered under 3(1) as he made a mistake, or do you think they will exercise their discretion anyway and consider it under 3(1)? The birth certificate was submitted naming him as the father and the mothers consent was also submitted.

Your views would be appreciated.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Jan 01, 2013 10:52 pm

Where were the children born?
Are the children's parents now married to each other?
What were the immigration status of the parents at the time of the MN1 application?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

Post by naija99 » Wed Jan 02, 2013 6:07 am

Both born in UK
Parents still not married
Father British and mother no status

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jan 02, 2013 8:26 am

Chapter 8: Registration by entitlement of person born in the United Kingdom on or after 1 January 1983 wrote:8.5.3 No entitlement
8.5.3.1 If there is no entitlement under either s.1(3), s.1(3A), s.1(4) or paragraph 3 of Schedule 2,we should:
• consider the application under s.3(1) (if a minor on the date of application) (see Chapter 9) or
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

Post by naija99 » Wed Jan 02, 2013 2:34 pm

Thanks Vinny

naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

Delay in deciding MN1 applications

Post by naija99 » Fri Sep 20, 2013 10:23 am

Has anyone experienced an MN1 application taking more than 9 months to decide??? Is there anyone to complain to?

My original post explains all the details of the application. The father recently sent an email to the nationality progress team to chase the progress and received the following reply:

Dear xxxxxx

Thank you for your email.

I have checked our records and can confirm that no decision has yet been
made on your application.

We aim to process 95% of applications within 6 months however there are a
small percentage of applications that take longer than this to be resolved.*
***

I am unable to give a date by which your application will be resolved, or
provide details of the reason(s) why your application has taken over 6
months.****


When the decision is made, or if we require further information from you,
we will contact you in writing.****

****

Please ensure you notify us promptly if you change your address. Your
address can be updated here:
http://www.ukba.homeoffice.gov.uk/about ... y-details/

If you require any documents back, these can be requested here:
http://www.ukba.homeoffice.gov.uk/about ... documents/.
Requesting documents will not negatively impact on the application.****

** **

Kind regards,****

** **

Fayth Barber | Customer Service Advisor****

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Sep 20, 2013 10:34 am

This is very unusual.

Registration application are very straightforward. He should complain. He should get his MP involved.

naija99
Member of Standing
Posts: 473
Joined: Wed May 16, 2012 7:18 pm

Delay in deciding MN1 applications

Post by naija99 » Fri Sep 20, 2013 10:42 am

Thanks Jambo but who should he complain to?

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