Register as British citizen for child of settled parents (no citizenship for child)

[FaeLLe]

Hello all,

Would apperciate on guidance for my friends who are applying for British citizenship of parents with settled status. They hold an Indian passport.

I understand that the right form for this would be to use "Application for registration of a child under 18 as British citizen: form MN1".

However the guidance notes form MN1 states in Section 1,

1.9
Enter the child’s present nationality.
If an application is being made on the basis that the child is stateless (they do not have the nationality of any country), an application should be made on form S2 or S3.

If the child has never applied for an Indian passport do they still use form MN1 or do they use form S3 - "Form to register as British citizen or British overseas territories citizen for stateless person born in UK or British overseas territory." ?

[CR001]

Either form can be used if the child is UK born. There is no requirement for a UK born child registering as British to hold a passport.

Also kindly refrain from digging up topics form 2009 to tag questions onto. Your post in the old thread has been removed.

[FaeLLe]

Either form can be used if the child is UK born. There is no requirement for a UK born child registering as British to hold a passport.

Also kindly refrain from digging up topics form 2009 to tag questions onto. Your post in the old thread has been removed.

Hi CR001 thanks for your prompt reply appreciate the guidance.

When filling out the form field on "Current Nationality of child" what would the person write in that field? If they write Indian it is not true (as they have not registered for Indian citizenship and since 2004 children board abroad are required to register their birth as Indian to obtain Indian citizenship.

If they put present nationality of child as None then the application could be rejected right as it requires the use of Form S3 for citizenship application for stateless children?
This article goes on to emphasise that atleast 5 years of residency is required for the use of Form S3 - third party weblink removed

What should they do?

[FaeLLe]

Either form can be used if the child is UK born. There is no requirement for a UK born child registering as British to hold a passport.

Also kindly refrain from digging up topics form 2009 to tag questions onto. Your post in the old thread has been removed.

Hi CR001 thanks for your prompt reply appreciate the guidance.

When filling out the form field on "Current Nationality of child" what would the person write in that field? If they write Indian it is not true (as they have not registered for Indian citizenship and since 2004 children board abroad are required to register their birth as Indian to obtain Indian citizenship.

If they put present nationality of child as None then the application could be rejected right as it requires the use of Form S3 for citizenship application for stateless children?
This article goes on to emphasise that atleast 5 years of residency is required for the use of Form S3 - third party weblink removed

What should they do?

Quote from Foreigners Division , Ministry of Home Affairs, Government of India which confirms the child is not stateless unless they registered as an Indian citizen.

(2) By Descent (Section 4)

- A person born outside India on or after 26th January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
- A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
- A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

[secret.simon]

If the child has not completed five years in the UK, then Form S3 is not the correct form.

If the child meets the requirements for registration under Section 1(3) - born in the UK, at least one parent has ILR/PR, then use Form MN1 and mention that the child is stateless. Section 1(3) is an entitlement to register and won't be refused because the child is stateless.