MN1 for a child born before parents' settlement

[ferann]

Hi,
I am Italian and I am qualified to be settled in the UK since I am living, working and paying tax in the UK for more than 5 years. My daughter was born before I qualified to be settled in the UK. I would like, now to apply for her citizenship via MN1 application under section 1(3). However, I have the following question:
Do I have to first get my permanent residence or is it sufficient to prove that I qualify to be settled by attaching my P60s to the MN1 application?

Thanks in advance,
-AL

[JAJ]

Your acquisition of Permanent Resident status would be automatic under the EEA Regulations, as long as the requirements are met. A PR Card (Document Certifying Permanent Residence, DCPR for short) is only evidence of Permanent Resident status, not the status itself.

Section 1(3) of the British Nationality Act 1981 gives a U.K. born child an entitlement to registration as long as a parent has become a British citizen or settled in the United Kingdom- "settled" includes Permanent Residence under the EEA Regulations. The 1981 Act does not mandate any particular form of evidence of settled status and therefore I believe it would be unlawful for the Home Office to insist on a DCPR and refuse to accept substitute evidence. Which doesn't mean they wouldn't try, but you might have to be

However- not only would it simplify the application, but you will need a DCPR if you are planning to become a British citizen yourself. The DCPR is needed for naturalisation- since naturalisation is discretionary, the Home Office have more scope to insist on particular forms of evidence.

What about the child's other parent? Is that person a British citizen or settled in the United Kingdom- if so, your child may already be British.

[ferann]

Hi,

many thanks for your prompt reply.

p.s. The other parent is in my same situation.

[JAJ]

Are you both intending to apply for British citizenship? If so- you'll need the DCPR document regardless.