MN1 route section 3(1)

[twgal]

Hi, I've just applied for PR caards for myself and my child and - while the application is processing, I'd like to prepare everything for naturalisation. I've already registered for Life in the UK test to take it at the end of February. Assuming the PR cards will arrive on time, we can apply for naturalisation in October 2017 at the earliest.

Now, I just want to make sure the route we're taking is correct, and to submit a bulletproof application, since registration of the child is at HM's discretion...

Relevant info and dates are below.

Mother (myself), father, and child: all 3 have EEA2 nationality (NB. we also have Canadian nationality - naturalised - but I don't think that's important in this context)
Child born abroad in 2008.
Date of 1st entry to UK: June 2011 (all three of us - we weren't married but we lived together for a long time)
Date of first registration certificates for mother & child: October 2011 (the father got it earlier, in May 2011).
Relationship breakdown: January 2013 (father moved out)
Date applied for PR cards: December 2016 (mother applied with child as a dependent; the father applied for PR at the same time, but on a completely separate application)
Date expecting to receive permanent residence cards: June 2017 (all 3 of us)
Planned date of application for naturalisation for mother + registration of child under MN1 section 3(1): October 2017

I'm on good terms with my ex (my child's dad) and he's willing to sign the child application, however we are no longer together, so I'm not sure how will that affect the chances of my child getting the citizenship. The MN1 guidance says


"Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK."

What are my child's chances of being registered as a British citizen - at the same time I'm naturalised? Am I following the correct (or best route) to apply? Is there anything I missed or should consider to maximize chances?


PS. I'm not sure whether the father will apply for naturalisation, but by Oct 2017 he will have the PR card.

Thank you.

[noajthan]

It appears you were and are not married to child's father. Is that the case?

Have you applied as a qualified person in own right or as a dependent?

If an unmarried relationship breaks down (before you had acquired PR status) then there is no right of retention of residence and the EEA sponsor is no longer considered the sponsor of such dependents (if you applied as a dependent).
So the outcome of your PR applications will depend on how you applied and how this was presented in the application and how caseworker deals with it.

If your PR status is granted then yes, for a section 6(1) naturalisation wait 12 months since date PR was acquired.
No such time limit on child but child cannot register as a citizen before you.

In terms of father and consent for child's registration, you may have to show your relationship has broken down, father is estranged and you have sole parental responsibility for child.Then you can justify lack of consent etc.
As you are based in UK that may require some court papers. Not sure.

This may be difficult if it was not represented like that when you submitted the PR application.
If you applied for DCPR in own right it is a little more clearcut.
And yes, that is the only route child has to citizenship at this time.

Good luck.

[twgal]

Thanks, we were never married. However, my 2nd blue registration certificate (obtained in Jan 2012) was a highly skilled registration certificate that I obtained on my own right, not as a dependent on my ex. When I applied for that, I added my child as a dependent on the application and I also got the blue registration certificate for the child. So I'm not very worried about not getting PR cards (should I be?), I've worked continuously since Oct 2011 and child lived and was enrolled in school here. I applied for DCPR card on my own right - on 30 Dec 2016 - with my child added as a dependent. (The father also applied for DCPR roughly at the same time, but on a separate application).

Regarding father's consent for child registration as British, the father is willing to consent - and will sign the application for child's naturalisation. I don't have sole responsibility / custody, the father is not estranged, he also has parental responsibility and he is involved in the child's life. We don't live together though, and we are not in a relationship.

[noajthan]

Did you have an EFM RC or just your own EEA QP RC?

So do you think you acquired PR as a combination of dependent since 2011-2012 with an EFM RC based on partner?
Plus being a qp in own right from 2012+

Or simply as a qp from 2012-2017?

Question of consent may be solved.
But how about question of parental responsibility and custody?
And its a grey area whether father has to naturalise too.

[twgal]

Hi noajthan. Thanks for bearing with me on this one.

To clarify for RC - when we first moved to the UK in 2011, my ex partner obtained a pink AWC card (work authorization). I then applied for a blue card as his unmarried dependent partner, and received this "dependent" blue card in Oct 2011 - which gave me permission to start working in the UK. (we lived together from 2005 until 2013 and we had a child together, so proving we were in a durable relationship was quite easy).

However, because the relationship was going sour even back then, I decided to apply for a blue card - as a highly skilled worker BR2 - in my own right. I got this non-dependent blue card in the 1st week of January 2012 (NB: my child got the same card at the same time, as my dependent).

Ex moved out in Jan 2013, one year later.

However, when I applied for DCPR (application was received by UKVI on 3 Jan 2017), I applied independently - as my blue card registration certificate (highly skilled card) is dated early January 2012.

Regarding this part that you're asking though:

But how about question of parental responsibility and custody?
And its a grey area whether father has to naturalise too.

I'm not sure why this is an issue, can you please please clarify? We both have parental responsibility and rights, by law - but we don't have any written agreement/court order, as we were able to live amiably without it.

I want to naturalise and at the same time I'd also like to have my child registered. My ex agrees with the child being registered and is willing to sign the MN1 application. I understand that - in order for the child to be considered for registration - at least 1 parent needs to be British (or be granted British at the same time child is registered - so this would be me) + the other parents settled (my ex will have obtained DCPR by then, and he is living here. He is not sure if he wants to naturalise yet...).

[noajthan]

...

Regarding this part that you're asking though:

But how about question of parental responsibility and custody?
And its a grey area whether father has to naturalise too.

I'm not sure why this is an issue, can you please please clarify? We both have parental responsibility and rights, by law - but we don't have any written agreement/court order, as we were able to live amiably without it.

I want to naturalise and at the same time I'd also like to have my child registered. My ex agrees with the child being registered and is willing to sign the MN1 application. I understand that - in order for the child to be considered for registration - at least 1 parent needs to be British (or be granted British at the same time child is registered - so this would be me) + the other parents settled (my ex will have obtained DCPR by then, and he is living here. He is not sure if he wants to naturalise yet...).

My understanding is second parent settled and naturalising too (if not naturalised already).

Its all about future of child in UK.
You can dig into vital questions around consent and responsibility for child and parents' statuses and child's future, here:
https://www.gov.uk/government/publicati ... structions

[twgal]

Thanks. I understand that this is completely 'at the HS discretion'... but the MN1 paragraph below says the child will be considered if the 2nd parent is settled, not necessarily naturalised/naturalising... but perhaps I'm wrong, I will study chapter 9 as well, thanks for the link. I think wehave good chances since my child was born in 2008 but has been living here since 2011 (and also has a registration certificate obtained Jan 2012 + the DCPR which will hopefully arrive this year). And we intend to remain here 'forever' (also bought property).

Registration at the Home Secretary’s discretion – Section 3(1) application

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

[noajthan]

As long as you explain your case with a cogent supporting letter and appropriate supporting evidence and take note of and address para 9.17.11 then all should be well.
I have done something similar myself (and was successful).

[twgal]

Thank you, that's helpful.

Cover letter it is. I've got at least until October 2017 to put it together... if not January 2018.