Form MN1 or form T?

[Kuifje]

My wife and I (both EU nationals) have been living in the UK for >18 years. One of my children was born here, and he is now 16. I'd like him to get a British passport, for which he needs to register as a British citizen. I am confused as to which section he should register under. Is it section 1(3) - birth in the UK to parents who are settled in the UK; or section 1(4) born in the UK and lived here for >10 years? I.e. form MN1 or form T? Or can I choose, and if so, does it matter which one?

[Hstepper07]

My wife and I (both EU nationals) have been living in the UK for >18 years. One of my children was born here, and he is now 16. I'd like him to get a British passport, for which he needs to register as a British citizen. I am confused as to which section he should register under. Is it section 1(3) - birth in the UK to parents who are settled in the UK; or section 1(4) born in the UK and lived here for >10 years? I.e. form MN1 or form T? Or can I choose, and if so, does it matter which one?

Your son can use any of the forms to apply. Remember that there is a 90 day rule under the 10 year application. Applicant should not have spent time outside the UK for more than 90 days in each of the 1st 10 years of their lives.

[Kuifje]

Many thanks. I’m aware of the 90 days rule, my son was never away for more than 4-5 weeks per year - but it is a bit more tricky to remember the dates of the trips he made (they’re asking for that information on the forms). MN1 asks for trips during the time of residency (thus all trips during his 16 years??), while form T asks for all trips during his first 10 years. That’s going to be quite a bit of digging....

[Hstepper07]

Many thanks. I’m aware of the 90 days rule, my son was never away for more than 4-5 weeks per year - but it is a bit more tricky to remember the dates of the trips he made (they’re asking for that information on the forms). MN1 asks for trips during the time of residency (thus all trips during his 16 years??), while form T asks for all trips during his first 10 years. That’s going to be quite a bit of digging....

On second thoughts, there is no residency requirement for children born in the UK before parent was granted ILR/PR so it should not be applicable in your sons case.

[Kuifje]

Neither parent has ILR or PR - this was never a needed as we’re both EU nationals.

[Hstepper07]

Neither parent has ILR or PR - this was never a needed as we’re both EU nationals.

I take it that you have acquired PR within the 18 yrs that you been here but have not applied for doc certifying this status.

[Kuifje]

Yes, correct. We could still document our PR status, but for now we’re waiting for what the settled status for EU citizens is going to mean.

[Hstepper07]

Yes, correct. We could still document our PR status, but for now we’re waiting for what the settled status for EU citizens is going to mean.

Maybe you should stick to applying with a form T as you will have to prove that you were exercising treaty rights if you are using form MN1.

[Kuifje]

Yes, that makes sense. Many thanks for your help, much appreciated.