MN1 application based on British or EEA

[apple5]

Hi,

I'm going to apply for registration of my daughter as a British citizen (form MN1) under section 1(3).
We were not settles when she was born.
However, I need some clarification. I'm EEA citizen who has been neutralised to British citizen last year.
My conserns are question 1.3 and 1.27/36.
1.3 "when child was given ILR or EEA parents became settled". Should I put the date I became settled as EEA national or the date of my neutralisation as British citizen? There would be a difference of 4 years.
1.27 " date father/mother became settled" I think it doesn't apply to me as wa're now British, but need confirmation.

thanks in advance for any help

[Richard W]

The real core of Q1.3 is "Please say if and when the child was given indefinite leave to enter/remain in the UK." The correct answer is probably "no", and I presume the way to answer it is by leaving the answer blank. The alternative is to write "No" above the box for the date.

The form and guidance say the child should have ILR or leave to remain, but this is incorrect if you are applying for registration under Section 1(3).

QQ 1.27 & 1.36 are slightly relevant. If your daughter had been born in the UK after you and your wife acquired PR in 2011 (i.e. clocked up the 5 years with you both present and you exercising your treaty rights in the UK), she would already be British. That is the declared reason for asking the question. British citizens are not eligible for registration. (In a few cases, registration might otherwise upgrade a citizen by descent to a citizen other than by descent.) So, the questions do apply.

[apple5]

The real core of Q1.3 is "Please say if and when the child was given indefinite leave to enter/remain in the UK." The correct answer is probably "no", and I presume the way to answer it is by leaving the answer blank. The alternative is to write "No" above the box for the date.

The form and guidance say the child should have ILR or leave to remain, but this is incorrect if you are applying for registration under Section 1(3).

QQ 1.27 & 1.36 are slightly relevant. If your daughter had been born in the UK after you and your wife acquired PR in 2011 (i.e. clocked up the 5 years with you both present and you exercising your treaty rights in the UK), she would already be British. That is the declared reason for asking the question. British citizens are not eligible for registration. (In a few cases, registration might otherwise upgrade a citizen by descent to a citizen other than by descent.) So, the questions do apply.

Richard, thanks for your reply.
I agree with your view on point 1.3.
However, I'm not convinced about 1.27/36. Our daughter was born 2 years before we've got "settled status" so she didn't automatically become British that time. We "get settled" in 2011 based on EU citizenship. Because we are now British I think it overides previous EU citizenship settlement in terms of "indefinite right to abode" in the UK. Therefore I'm still not sure it these sections are still relevant.

[CR001]

You have to complete 1.27 and 1.36. Settled = PR. You need to provide the date and provide evidence of this PR event.

[Richard W]

... and provide evidence of this PR event.

Taken literally, that sounds unjust. Many PR holders cannot prove the date they acquired PR; the best they can do is show they had acquired PR by a certain date.

I think common sense will actually prevail; I have a vague recollection that the use of Form MN1 is not mandatory for applications for registration under Section 1(3). It is not necessary for either of you to have become settled; merely becoming British also suffices.

[noajthan]

The form is poorly-designed and used by all sorts of applicants under various sections of BNA.
Don't expect logic or common sense to apply.
Fill in form as best you can, including estimated 'settled date'.

Explain anything else in a cogent cover letter.

Don't forget every application is a kind of partnership with the caseworker who processes the application;
she does this day in and day out and its her job to make sense of the jumbled hash of information presented via the form.

And caseworkers are a bit like doctors in that they've seen and heard it all before; nothing surprises or shocks them.