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Need guidance as to how my family shoud proceed

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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xeus0990
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Need guidance as to how my family shoud proceed

Post by xeus0990 » Mon Jun 26, 2017 6:52 pm

Hi!

We are all Polish nationals, My dad and two sisters moved to the UK in 2007, meaning they automatically have permanent residence. Me and my mom have lived in the UK since then but not continiously. I have lived in the UK continiously since June 2016. I'm 16 years old at the moment in full time education.

My dad is not interested in gaining citizenship but I am since I will need student loans to continue my educations and you must live for 3 years to be eligable, My question is, how do I proceed to gain citizenship or at least permanent residence as a child? If needed my dad will apply for citizenship. Which forms should I fill out? I just get lost in the forms and terminologies so I'm seeking help.

Also, my sister lived in the UK continiously since May of 2007 and had a child in February of 2010. Does the child have British citizenship? Born to EU nationals but they haven't been here for 5 years then but they are now.

thsths
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Joined: Sun Apr 29, 2007 9:14 pm
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Re: Need guidance as to how my family shoud proceed

Post by thsths » Mon Jun 26, 2017 7:32 pm

According to what you said, the answer is the same in both cases: you are not a British Citizen, but you can register using form MN1. It is expensive, but not as expensive as naturalisation.

In any case, I would recommend applying for Permanent Residence where applicable (although Theresa May said that the application is pointless, and you will have apply again in two years - we shall see).

Obie
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Location: UK/Ireland
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Re: Need guidance as to how my family shoud proceed

Post by Obie » Mon Jun 26, 2017 7:47 pm

The OP is not British, nor is he entitled to be register as such. He will need to accrue 5 years of residence before qualifying for Permanent Residence, subject to the agreement with the EU.
Smooth seas do not make skilful sailors

secret.simon
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Re: Need guidance as to how my family shoud proceed

Post by secret.simon » Mon Jun 26, 2017 8:11 pm

xeus0990 wrote:Me and my mom have lived in the UK since then but not continiously.
Can you give us a detailed (month/year) breakdown of the period that you resided in the UK in the past five years?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: Need guidance as to how my family shoud proceed

Post by Obie » Mon Jun 26, 2017 8:18 pm

secret.simon wrote:
xeus0990 wrote:Me and my mom have lived in the UK since then but not continiously.
Can you give us a detailed (month/year) breakdown of the period that you resided in the UK in the past five years?
That will be a tough task for a 16 years old.

It is clear that this young chap will not qualify for PR.

I can't see him spending 6 months in the UK and spending 6 months in Poland. He is of school going age. It is likely that his parent left him in Poland to undertake his schooling, while they work in the UK.

He said he finally moved last year to settle in the UK.

His parent will be committing a Criminal Act if they allowed him to be living here for 6 months in a year over the last 5 years, without registering him in school. I do not think this boy was attending school in the UK, until when he came last year.
Smooth seas do not make skilful sailors

secret.simon
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Re: Need guidance as to how my family shoud proceed

Post by secret.simon » Mon Jun 26, 2017 8:21 pm

Let the OP reply with the details.

I am sure you know what "assume" means.

It is always better to ask for details before giving advice. There may be some detail that may change the advice completely.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Location: UK/Ireland
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Re: Need guidance as to how my family shoud proceed

Post by Obie » Mon Jun 26, 2017 8:24 pm

xeus0990 wrote:Hi!

I have lived in the UK continiously since June 2016. I'm 16 years old at the moment in full time education.
Smooth seas do not make skilful sailors

thsths
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Re: Need guidance as to how my family shoud proceed

Post by thsths » Mon Jun 26, 2017 9:19 pm

Ok, let's separate the two problems. For your sister, registration using MN1 is an option, because her child was born in the UK (I assume), and your sister has acquired permanent residence status through 5 year legal residence in the UK.

For you, the situation is different, because you are not born in the UK. You are free to live in the UK, as long as your in education or working (or self sufficient), and you can become a British Citizen through nationalisation after 6 years.

There is another option: if your mother and father apply for naturalisation together, they could include you, but that is a discretionary process. I am not sure how the divorce changes this.

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