MN1 - section 3 (2), Child Born Abroad

[mhrahman89]

Dear Forum Members,

Please assist with a query that I have. My daughter was born 3 months ago in Saudi Arabia. Both me and my wife are British by Descent and we are applying for her British Citzenship via the MN1 Form Section 3(2). My mother is British Otherwise by Descent (she was born in the UK, London).

We are currently in Saudi Arabia and I have managed to get my daughter a Bangladeshi Passport so she can travel in the meantime.

My query relates to 3 items:

1. The evidences that I need to provide and can it be photocopies, originals?
2. Can I travel to the UK and use the NCS service
3. What is BRP
4. During the application process can I travel?

1. The evidences that I need to provide and can it be photocopies, originals?

The MN1 guide requests for the below, but I am unclear whether they need to be copies or originals? For the passports, I'd want to provide copies given I'd need to travel during the application process. is this possible. Also, do i really need to give my father and mothers marriage certificate?

Extract from MN1 guide given below....

Evidence of identity
• Child’s passport or travel document OR
• Child’s birth certificate, showing the parents’ names OR
• Driving licence OR
• Bank, building society or credit card statement issued to them in the last 6
months


Child born abroad to British citizen parents
• Child’s birth certificate showing the parents’ names
• Parents’ marriage certificate (if the father is a British citizen)
• British parent’s birth certificate or passport*
• British grandparent’s birth certificate, registration or naturalisation certificate
or passport*
• Grandparents’ marriage certificate
• Evidence of residence *
o Section 3(2) – evidence that the British parent lived in the UK for a period
of 3 years at some time before the child’s birth

2. Can I travel to the UK and use the NCS service

I live in Saudi Arabia, can I travel to UK and make the application for my Daughter?

3. What is BRP

4. During the application process can I travel?

[CR001]

Have you or wife lived in the UK for 3 years at any point before child was born and do you have evidence of this?

[mhrahman89]

Have you or wife lived in the UK for 3 years at any point before child was born and do you have evidence of this?

Yes - I was in UK since I was 3 months old. I had all my education there - Primary, Secondary, College and University. Also worked from 03/2011 till 03/2015 before I transferred over. Evidence I will get will either be my university letter, or an employment letter.

[ohara]

BRP = biometric residence permit. It's how UK visas longer than 6 months are issued now; as a biometric card. You obviously will not have one of these so ignore it.

No reason why you can't use NCS (although I imagine they don't often get 3(2) applications).

Yes you can travel but your child will need to give biometric information (due to the age, it will just be a photo) a few weeks after you submit the application, and outside the UK this will normally done at a British embassy or high commission. In the UK you do it at any post office branch which has the biometric booth (which is most of the larger ones).

[mhrahman89]

BRP = biometric residence permit. It's how UK visas longer than 6 months are issued now; as a biometric card. You obviously will not have one of these so ignore it.

No reason why you can't use NCS (although I imagine they don't often get 3(2) applications).

Yes you can travel but your child will need to give biometric information (due to the age, it will just be a photo) a few weeks after you submit the application, and outside the UK this will normally done at a British embassy or high commission. In the UK you do it at any post office branch which has the biometric booth (which is most of the larger ones).

Thanks for that!

Any idea on the evidences required?

[mhrahman89]

Dears All,

I urgently and sincerely need your help in resolving my following issue.

I am British By Descent and so is my wife. We currently work in Saudi Arabia and we had a child here who does not get British Nationality as per the nationality law.

Nevertheless, I have gotten her a Passport from my birth country to allow her to travel.

Now, in order to go to UK I am being told I need to apply for a visit visa, which I did - providing copies of my passport (I can't give them originals as in Saudi legal requirement to keep passports) to provide we are British, also our Saudi Resident ID to provide we live here (copies) and employment letter proving I working here (original). I also sent my daughters birth certificate (original) with an original english translated certified copy as per their requirements.

On top of this, even though not needed, i sent payslips stamped by my company and bank statements printed from the bank itself and stamped.

Despite all of this, they refused a visa for my daughter stating i included photocopies (only photocopy was my passport, resident ID and my mother in laws tenancy agreement) and so they I quote "cannot be satisfied that your financial circumstances are as claimed and therefore that you are travelling for both the period and purpose as stated"

Also, they incorrectly state that I sent a document in Arabic without english translation. All documents had english counterparts.

More so they state "i am therefore not satisfied that you are a genuine visitor or that you will leave the UK on completion of your proposed visit)

All of this is very annoying - and I dont see any ground they can refuse my 4 month daughter a visa on. I provided more than what is required.

I need advise on next steps - they state in the refusal that I cannot appeal or have admin review.

What should I do?

Should I still travel to UK and try my luck and the Border Agency with all my documents? and get visa on Entry? Pls advise I am so desperate and hit a brick wall...

[CR001]

Should I still travel to UK and try my luck and the Border Agency with all my documents? and get visa on Entry?

Where is your 'birth country'? Does your 'birth country' nationals usually require pre-applied visas to enter the UK?

[mhrahman89]

Should I still travel to UK and try my luck and the Border Agency with all my documents? and get visa on Entry?

Where is your 'birth country'? Does your 'birth country' nationals usually require pre-applied visas to enter the UK?

Birth Country is Bangladesh. Yes they require pre-applied visa.

But it is a 4 month baby, born to british nationals and i can provide everything so what are chances of me getting into UK on arrival.

The visa agency here has made a mistake and incorrectly stating they did not get xyz documents when they did.

My case is strong but due to incompentance this has happened.

[noajthan]

Child will surely need a visa to enter UK.

[CR001]

Should I still travel to UK and try my luck and the Border Agency with all my documents? and get visa on Entry?

Where is your 'birth country'? Does your 'birth country' nationals usually require pre-applied visas to enter the UK?

Birth Country is Bangladesh. Yes they require pre-applied visa.

In that case, the child needs a visa.

What happened to the BC application under section 3(2)?

Alternatively, apply for child settlement visa (ILE).