EEA under 18 MN1 Application form & guide

[kiroge]

Hi there,

I'm a Dutch citizen and I live in UK since 2006. I have PR since 2006 and I'm in process of submitting my naturalization application via AN. However, once I succeed the naturalization process I would like to apply for British citizenship for my daughter too who is 11 years old. She is also Dutch national and lives with me in UK since she was 1 years old, her mother is not a British citizen.

My questions are:

1) I read the MN1 guide but on EEA children who are not born in the UK, it is quite not clearly for me on which category she would be registered as British citizen (If that is an option)

2) If I completely need to apply for her using MN1, does her passport need to be valid? As her passport expired last month. And I made appointment before for renewal which would cost me. However, the MN1 guide & form indicated applicant need to provide passport but does not say must be valid unlikely AN form. I would appreciate any advise on this please.

[noajthan]

Hi there,

I'm a Dutch citizen and I live in UK since 2006. I have PR since 2006 and I'm in process of submitting my naturalization application via AN. However, once I succeed the naturalization process I would like to apply for British citizenship for my daughter too who is 11 years old. She is also Dutch national and lives with me in UK since she was 1 years old, her mother is not a British citizen.

My questions are:

1) I read the MN1 guide but on EEA children who are not born in the UK, it is quite not clearly for me on which category she would be registered as British citizen (If that is an option)

2) If I completely need to apply for her using MN1, does her passport need to be valid? As her passport expired last month. And I made appointment before for renewal which would cost me. However, the MN1 guide & form indicated applicant need to provide passport but does not say must be valid unlikely AN form. I would appreciate any advise on this please.

1) Section 3(1) of BNA - at Home Secretary's discretion.

Note child needs DCPR.
Be careful with timing of your citizenship application until child's DCPR is in the bag.
Reason: BCs cannot (normally) sponsor family members on EU route as they are not considered to be an EEA national (in this context) once they become British. And yes, that's even before Brexit.

2) Not sure. Does child have any other id ? (EU id?)

[kiroge]

Thank very much for your answer:

1) Does she need DCPR separately from the one I got?

2) The child have only Dutch passport. Even if she has EU ID would be the same expire date as the passport. Usual they issue them together.

[noajthan]

Thank very much for your answer:

1) Does she need DCPR separately from the one I got?

2) The child have only Dutch passport. Even if she has EU ID would be the same expire date as the passport. Usual they issue them together.

1) Yes.
Settled status is normally required in order to register a child as a citizen. In EU context that means PR status.

Child may acquire PR based on your sponsorship and if you have it then she probably does too.
Its a pity she wasn't included in your application.

What about other parent or so you have sole responsibility/custody?

You can dig into all such vital questions here:
https://www.gov.uk/government/publicati ... structions

2) I see. Not sure then.

[kiroge]

Hi,

1) I now regret a big time! I didn't know if I was suppose to include her with my application for DCPR, but she do have the resident permit card "The blue card from UKBA which both of us were issued in 2006. Mine was dated 2006 - 2009, and hers was 2006 - ----(indicated unexpired) Would this help?
considering I'm responsible for her and she lives with me all these years. Do I need to go through all that process process like an adult application? Since she will be sponsored with someone who hold DCPR?

2)No one else I have sole responsibility only my wife who has PR already. (On it's own right) She got it soon after I got my DCPR and she still want to keep her non EEA nationality.

3) Do you know how long roughly would it take to process DCPR, as I may need to cancel the appointment to Nationality checking service for checking my documents. I have already pay the service and I can only reschedule once.

[noajthan]

Hi,

1) I now regret a big time! I didn't know if I was suppose to include her with my application for DCPR, but she do have the resident permit card "The blue card from UKBA which both of us were issued in 2006. Mine was dated 2006 - 2009, and hers was 2006 - ----(indicated unexpired) Would this help?
considering I'm responsible for her and she lives with me all these years. Do I need to go through all that process process like an adult application? Since she will be sponsored with someone who hold DCPR?

2)No one else I have sole responsibility only my wife who has PR already. (On it's own right) She got it soon after I got my DCPR and she still want to keep her non EEA nationality.

3) Do you know how long roughly would it take to process DCPR, as I may need to cancel the appointment to Nationality checking service for checking my documents. I have already pay the service and I can only reschedule once.

1) Actually I should have said child requires PR.
Although adults who are naturalising now have to submit DCPR (/PRC) the corresponding guidance for minors has not changed; it does not stipulate child needs DCPR.
But minors are normally expected to have PR (in EU context).

There have been just 1 or 2 cases reported in the forum where discretion was applied and an EEA child without PR was granted the privilege of citizenship.
However you can review the linked document and make your own decision based on the guidance.
The emphasis is clearly on the child applicant being settled (with PR).

If child does not have DCPR, full PR-related evidence will have to be submitted with MN1 application to prove child has acquired PR (including sponsor's evidence).

2) Both parents normally need to give consent for child's registration (as long as parents are not estranged).

Note Second parent expected to be naturalising too (part of showing the child's future lies clearly in UK).
To register daughter, wife may have to review her decision.

3) 4 to 6 months (or more).
Your mileage may vary.

[kiroge]

Hi,

1) I too think minor need PR

I tried to explorer more information as for your advise. I think PR should have satisfy eligibility as no where I see on MN1 guide and MN1 form DCPR is mentioned. On the MN1guide how to fill form section 1.3

Enter the date the child was given indefinite leave to enter/remain in the UK. If the parent is an EEA or Swiss national or a family member of an EEA or Swiss national please ensure that they qualify for settled status.

It indicate ''they qualify for settled status'' I think since I have DCPR and she have PR, is it OK?

On the actual form section 1.3

1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss national you should ensure that they qualify for permanent residence. Child has indefinite leave to enter/remain in the UK. Date granted

Again, ''family member of an EEA or Swiss national you should ensure that they qualify for permanent residence'' Is this confirm only PR needed rather than DCPR?

2) Yes both parent need consent and we are happy to so. I agree with you wife will have to consider naturalising too.

3) A bit long these days (Mine in took about 2 months to receive) For now I don't think I will apply DCPR for her. I will have to use the letter was send along with blue card PR. I think I will go ahead with my naturalisation application. Your comment will be much appreciated again.

[noajthan]

Hi,

1) I too think minor need PR

I tried to explorer more information as for your advise. I think PR should have satisfy eligibility as no where I see on MN1 guide and MN1 form DCPR is mentioned. On the MN1guide how to fill form section 1.3

Enter the date the child was given indefinite leave to enter/remain in the UK. If the parent is an EEA or Swiss national or a family member of an EEA or Swiss national please ensure that they qualify for settled status.

It indicate ''they qualify for settled status'' I think since I have DCPR and she have PR, is it OK?

On the actual form section 1.3

1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss national you should ensure that they qualify for permanent residence. Child has indefinite leave to enter/remain in the UK. Date granted

Again, ''family member of an EEA or Swiss national you should ensure that they qualify for permanent residence'' Is this confirm only PR needed rather than DCPR?

2) Yes both parent need consent and we are happy to so. I agree with you wife will have to consider naturalising too.

3) A bit long these days (Mine in took about 2 months to receive) For now I don't think I will apply DCPR for her. I will have to use the letter was send along with blue card PR. I think I will go ahead with my naturalisation application. Your comment will be much appreciated again.

The guidance is not the law so its not the last word but it is, at least, 'guidance'.

If/when you become British be aware you cannot sponsor anyone on EU route anymore.
So any sponsorship (if required from you) would have to be based on past activities (before you became British).

Suggest crosscheck your plans with timelines for status of wife and child to make sure you don't move at the wrong time and 'disenfranchise' them by accident.

1) MN1 guidance does not mention DCPR anywhere as being required for anyone (parent or child), it just mentions settled status (PR/ILR).

[kiroge]

Thanks again. So let say I become British citizen and I apply naturalization for my daughter via MN1, as the guide indicate both or one parent must be a British citizen and one must be settled (Which then would my situation). As for your suggestion when I become a British I won't be able to sponsor her on EU route. I agree, so when you mentioned is going to be based on past activities before you became British. is this means I will be needed to provide my working history and income records? If so, then would be no different from information needed for DCPR. Or you meant the income required would be different? More clarification from you will be really useful.

I'm thinking that my daughter has been living with me for 10 years in UK. All these years we live and work here without absence apart from school holiday. She started at reception and now she is at secondary school. I wonder what the British route would be?

[noajthan]

Thanks again. So let say I become British citizen and I apply naturalization for my daughter via MN1, as the guide indicate both or one parent must be a British citizen and one must be settled (Which then would my situation). As for your suggestion when I become a British I won't be able to sponsor her on EU route. I agree, so when you mentioned is going to be based on past activities before you became British. is this means I will be needed to provide my working history and income records? If so, then would be no different from information needed for DCPR. Or you meant the income required would be different? More clarification from you will be really useful.

I'm thinking that my daughter has been living with me for 10 years in UK. All these years we live and work here without absence apart from school holiday. She started at reception and now she is at secondary school. I wonder what the British route would be?

I mean before you naturalise make sure you don't need your EU rights anymore.

If you are sure of wife and daughter's status then you can naturalise.
If there is any chance they have not acquired PR yet and need you to sponsor them for some reason then you need to remain an EEA citizen (only) until they are secured.

If they both have PR status then you and wife can safely naturalise along with registering daughter.
Or naturalise first and then register daughter.

Daughter does not qualify on expensive and rigorous UK domestic migration route as she does not have leave to remain.
And there's no point shooting for 10 year LR option because if she qualifies for that she will have also qualified on EU route by acquiring PR anyway.

[kiroge]

Thank you again noajthan! You are valuable advise is really help. My wife she is no longer require my sponsorship as she got PR on her own. I will only check on my daughter PR paper and card.I don't know the easy way to contact UKVI. So they can confirm the status of my daughter PR they I can decide the best option to follow.

[noajthan]

Thank you again noajthan! You are valuable advise is really help. My wife she is no longer require my sponsorship as she got PR on her own. I will only check on my daughter PR paper and card.I don't know the easy way to contact UKVI. So they can confirm the status of my daughter PR they I can decide the best option to follow.

The helpline cannot be relied upon.

Suggest start compiling the application and evidence based on MN1 guidance.
Include comprehensive PR evidence (for both you and daughter, as appropriate) based on PR guidance.
See how it all shapes up.

Good luck.