qadri wrote:Hi,
Some please advise,
My friend is an EEA citizen living in UK since 2002, his Non-EEA family joined him in 2004 with Family permit, then they were issued residence card, two children born here, 4 were born abroad before arrival in UK so he has 6 children in total.
non of the parents applied for PR.
last year he applied NS for his youngest child (no.6) which came back positive so he got the British passport for that Child after that he applied MN1 for his child no.5 and his oldest child both were successful so his three children are British
Now he applied MN1 for his remaining 3 childrens, but Home Office refused the application as they say because non of the parents are British thats why they are refusing the application under section 3(1).
Parents status was same when Home Office granted the citizenship of other three children, One EEA National and One Non-EEA national nothing has changed
Any Help or Advise will be appreciated thanks
It is not necessary to apply for PR - PR is acquired automatically.
The parents may have PR but don't realise it (if not up to speed with EU law).
There is not one type of MN1 application for minors, there are many possible scenarios, each using the same generic form but made under different sections of the BNA. Each have different prerequisites and rules.
Minors blessed to be born in UK to settled (or British parents) or parents with PR are born British and can apply for a passport directly.
This appears to be the scenario for child #6 (the youngest).
Minors born in UK
before at least one parent is settled are entitled to register as citizens under section 1(3) of BNA when at least one parent is settled (has acquired PR).
Depending on the date of birth (compared to parents' dates of acquiring PR), this may have been the relevant scenario for child #5.
Minors born abroad and living in UK (& usually settled with ILR or holding PR) may register
at the Home Secretary's discretion when settled parents naturalise - under section 3(1) of BNA.
If at least one parent has not yet naturalised then child #1(the oldest) appears to have been registered in error.
Suggest cross-checking on this matter with HO.
The remaining minors (#2, 3, 4) are not British as they were born abroad.
They will not yet be eligible to apply to register at discretion under 3(1) as a parent does not appear to be naturalising with them; (assuming parent/s have PR).
It is also not clear if the children have PR, although its possible they have if they have been residing in UK for 5 years whilst sponsor/EEA parent exercised treaty rights.
This would explain why the 3(1) discretionary applications for minors #2,3 & 4 have been refused at this time.
