Please help me figure this out - MN1 for baby born in USA

[Gemma86]

Hello,

I'm a british citizen born and bred and I moved to the USA three years ago and got married (I have a greencard). My husband is American and our daughter was born in the USA, she's a few months old now. I am considering moving back to the UK with my daughter pending a divorce.

Here are my questions:

1. Can we fly to the uk and enter as a visitor (me on my british passport and her on her american passport) and apply for her citizenship whilst in UK or does the mn1 have to applied for before we come to UK so she can enter on a british passport? Obviously we would be coming to uk with intention to stay there but I know she can be in the uk for 6 months without a visa.

2. Under what section would she meet the eligibility for the MN1 application?


Thank you so much,

[noajthan]

Your child is British already if you are.
No need for time & expense of MN1.

Shoot directly for passport for your little angel.
You can apply in US (online) or once you get to UK.

See forum FAQs for more info.

[ohara]

Your daughter is a British citizen by descent by virtue of section 2(1) of the British Nationality Act 1981.

No need for MN1 application, you can directly apply for a British passport for her. It might take a while from the USA though, and American citizens are required to enter and exit the USA with an American passport, so if you are coming to the UK you might as well do it here. The UK does not require its citizens to use a British passport to enter so there is no issue with using an American passport.

[ouflak1]

American citizens are required to enter and exit the USA with an American passport,

American citizens aren't required to exit the USA with an American passport.

The biggest problem I see here is the airline. I'm not sure they will let the child board without proof of that the child can enter the UK. Hence the need for a passport, preferably the American one as that can be acquired fairly quickly.