Form MN1 Section 1(3) or Guide S3 (stateless) Please advise

[bdoli]

Good morning everyone

Previously I was advised to get PR as an EEA national exercising treaty rights & then apply for daughter's British citizenship with form MN1.

Got PR dated May'16. Daughter born in UK on March'11 & we didn't apply for any nationality for her since birth till date. Myself Polish & husband Indian (he has applied for PR too)

Based on above, do we need to fill in MN1 section 1(3) or
Guide S3 (Stateless person)

Also, do we need letter/proof from Polish & Indian embassy stating that child has not acquired nationality of her parents. (Apparently Polish Embassy doesn't provide such letters)

Please advise
Thank you

[CR001]

Good morning everyone

Previously I was advised to get PR as an EEA national exercising treaty rights & then apply for daughter's British citizenship with form MN1.

Got PR dated May'16. Daughter born in UK on March'11 & we didn't apply for any nationality for her since birth till date. Myself Polish & husband Indian (he has applied for PR too)

Based on above, do we need to fill in MN1 section 1(3) or 1(3), child is NOT stateless.
Guide S3 (Stateless person)

Also, do we need letter/proof from Polish & Indian embassy stating that child has not acquired nationality of her parents. (Apparently Polish Embassy doesn't provide such letters) No you don't. Child is not stateless.

Please advise
Thank you

[bdoli]

Good morning everyone

Previously I was advised to get PR as an EEA national exercising treaty rights & then apply for daughter's British citizenship with form MN1.

Got PR dated May'16. Daughter born in UK on March'11 & we didn't apply for any nationality for her since birth till date. Myself Polish & husband Indian (he has applied for PR too)

Based on above, do we need to fill in MN1 section 1(3) or 1(3), child is NOT stateless.
Guide S3 (Stateless person)

Also, do we need letter/proof from Polish & Indian embassy stating that child has not acquired nationality of her parents. (Apparently Polish Embassy doesn't provide such letters) No you don't. Child is not stateless.

Please advise
Thank you

Thanks CR001
There is a section in MN1 asking for child's nationality. Do we leave it blank?

Is there any reliable source to define statelessness. Acc. to google, "statelessness is the lack of citizenship"
Child was born in UK and neither parents had PR/ILR at that time. We weren't married either

Biggest concern is that they dont refuse the application and keep the £800+ fees too.

[secret.simon]

Child is definitely a Polish citizen (Article 14(1) of the Polish Citizenship Law of 2009).

Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth.

So, the child is not stateless, but a Polish citizen.

Lack of passport does not mean that the child is stateless. Statelessness is a condition caused by act of law (of country of nationalities of parents and of the country of birth), not by parents refusing to or neglecting to apply for a passport.

List the child's citizenship as Polish.

[bdoli]

Child is definitely a Polish citizen (Article 14(1) of the Polish Citizenship Law of 2009).

Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth.

So, the child is not stateless, but a Polish citizen.

Lack of passport does not mean that the child is stateless. Statelessness is a condition caused by act of law (of country of nationalities of parents and of the country of birth), not by parents refusing to or neglecting to apply for a passport.

List the child's citizenship as Polish.

Thank you secret.simon. One more question & hopefully the last one. Slightly confused if we need to fill in section 3 or not.

SECTION 3: PARENTS’ RESIDENCE IN THE UNITED KINGDOM OR THE BRITISH OVERSEAS TERRITORIES
If the application is for a child born abroad, to parents who are British citizens by descent under section 3(2) or 3(5) you must complete this section, otherwise go straight to Section 4: Good Character.
Since we're not applying under 3(2) or 3(5), do we skip Section 3 entirely or do we need to fill below part?

Reading further in the same Section/Guidance:
3.13 – 3.14 If the child was born in the United Kingdom and one of the parents was an EEA national or Swiss national, this information is needed to establish whether the child may be a British citizen already or has a right to registration under section 1(3).
Do they need above info since I already have PR dated May'16

Thanks again

[ouflak1]

Child was born in the UK, so Sections 3(1) through 3(5) do not apply to your child at all.

[bruteforce]

Child was born in the UK, so Sections 3(1) through 3(5) do not apply to your child at all.

Its 1(3), not 3(1) as stated above.

[CR001]

Child was born in the UK, so Sections 3(1) through 3(5) do not apply to your child at all.

Its 1(3), not 3(1) as stated above.

Outflak1 was referring to 3(1) NOT applying to OPs situation described.

[bdoli]

Thanks guys.
Section 3 is part of MN1 as stated earlier. I doubt it relates to 3(1) or 1(3)

SECTION 3: PARENTS’ RESIDENCE IN THE UNITED KINGDOM OR THE BRITISH OVERSEAS TERRITORIES
If the application is for a child born abroad, to parents who are British citizens by descent under section 3(2) or 3(5) you must complete this section, otherwise go straight to Section 4: Good Character.
Since we're not applying under 3(2) or 3(5), do we skip Section 3 of the form entirely or do we need to fill below part?

Reading further in the same Section/Guidance, below is part of Section 3 form MN1:
3.13 – 3.14 If the child was born in the United Kingdom and one of the parents was an EEA national or Swiss national, this information is needed to establish whether the child may be a British citizen already or has a right to registration under section 1(3).
Do they need above info relating to section 1(3) since I already have PR dated May'16

Thanks

[bdoli]

Hello everyone. Any thoughts on my above post

[CR001]

Reading further in the same Section/Guidance, below is part of Section 3 form MN1:
3.13 – 3.14 If the child was born in the United Kingdom and one of the parents was an EEA national or Swiss national, this information is needed to establish whether the child may be a British citizen already or has a right to registration under section 1(3).
Do they need above info relating to section 1(3) since I already have PR dated May'16

You need to complete this part of section 3 as it is applicable to you if you are EU citizen.

[bdoli]

Reading further in the same Section/Guidance, below is part of Section 3 form MN1:
3.13 – 3.14 If the child was born in the United Kingdom and one of the parents was an EEA national or Swiss national, this information is needed to establish whether the child may be a British citizen already or has a right to registration under section 1(3).
Do they need above info relating to section 1(3) since I already have PR dated May'16

You need to complete this part of section 3 as it is applicable to you if you are EU citizen.

Thanks CR001.
I was confused because of below:
SECTION 3: PARENTS’ RESIDENCE IN THE UNITED KINGDOM OR THE BRITISH OVERSEAS TERRITORIES
If the application is for a child born abroad, to parents who are British citizens by descent under section 3(2) or 3(5) you must complete this section, otherwise go straight to Section 4