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Apply for British Citizenship or EEA PR

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

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jogeg
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Joined: Fri Nov 04, 2011 5:48 am

Apply for British Citizenship or EEA PR

Post by jogeg » Thu Sep 26, 2013 10:51 am

Hi all. I hope someone will be able to help me with this.

This is the scenario.

My son was born in Northern Ireland some 10 years ago, and on the basis of this, he has an Irish passport.
The rest of the family have recently been naturalized as British and I would just like to have him naturalize as well.

My thoughts are to apply for him to be registered as a British citizen using Form T, as he was born in the UK and has been here for the past 10 years. There have been no absences out of the UK.

However, I do not know if this route will be advisable for him as he currently holds an EU(Irish) passport.

I am not able to apply using the EU(EEA3) route as applying as a student, he would need comprehensive health insurance for the past 5 years to show he was exercising treaty rights but we do not have health insurance.

My question is, can he apply using the Form T route to be registered as a British citizen even though he holds an Irish passport?

I am not sure if this should go into the British citizenship or Europe applications. Admin please feel free to move to correct forum.

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

Post by Jambo » Thu Sep 26, 2013 12:11 pm

If born in the UK, he can apply under section 1(3) using form MN1 the same way you did for his sister.

Any particular reason you did not include him in the family application?

jogeg
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Posts: 19
Joined: Fri Nov 04, 2011 5:48 am

Post by jogeg » Thu Sep 26, 2013 12:18 pm

Thanks Jambo for your speedy response.

The only reason I did not include him in the family application was funds.

My understanding is that since he has been here for 10 years, I can not use Form MN1 but rather Form T. So I can go ahead and apply for him using Form T since he was born in the UK?

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

Post by Jambo » Thu Sep 26, 2013 1:58 pm

jogeg wrote:My understanding is that since he has been here for 10 years, I can not use Form MN1 but rather Form T. So I can go ahead and apply for him using Form T since he was born in the UK?
Once you have obtained ILR, you could have applied for his registration using form MN1. As he spent 10 years in the UK, you can also apply using form T (which is mainly for children of overstayers /people who didn't get ILR) but it's another option. Not the only option.

Apply using MN1 as the process (and the evidence required) is much simpler.

jogeg
Newly Registered
Posts: 19
Joined: Fri Nov 04, 2011 5:48 am

Post by jogeg » Thu Sep 26, 2013 2:26 pm

Once again, thanks for the speedy response Jambo.

I am a bit confused though as when I go to the MN1 page on UKBA's website,

It says that MN1 cannot be used for children born in the United Kingdom who have lived there for at least the first 10 years of their life.

http://www.ukba.homeoffice.gov.uk/briti ... shcitizen/

I agree that I could have registered him once I got ILR but I could not do this due to money matters.

Regarding evidence for Form T, will birth certificate,letters from his school and his passports not be enough to prove he has lived in the UK for the first ten years of his life?

Spending £673 is not a joke so I just want to be sure that I make the correct application. :D

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

Post by Jambo » Thu Sep 26, 2013 3:36 pm

I understand where the confusion comes from. The HO could have phrased it better. What they mean is that children applying under section 1(4) (10 years of residence) can't use form MN1 as they must use form T for such applications. Your child is not applying under section 1(4) but under section 1(3) and he can use form MN1.

Use form MN1 as this is the correct form to use in your child case. No letters from school are needed. His Irish passport, full UK birth certificate and your naturalisation certificate are all that is needed.

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