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MN1 registration under section 3(1)

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

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Giorgio
Newly Registered
Posts: 1
Joined: Tue May 01, 2018 12:27 pm
United Kingdom

MN1 registration under section 3(1)

Post by Giorgio » Tue May 01, 2018 1:39 pm

Hi,
first of all thanks to contributors to this forum because I have found so much useful info here.

Background:
My wife and I are both Italian and have been living here for 7 and 12 years respectively. We got married here 3 years ago.
I'm becoming British citizen (I have received invitation for ceremony last week, just 1 month after submitting application through NCS!), while my wife hasn't any formal document certifying residence yet (PR for EEA citizens I believe is only required for citizenship applications).

Our daughter was born last month in Italy (we decided for Italy mainly because the parents of my wife couldn't travel). I'm back to UK and my wife and baby will come over by the beginning of summer (waiting for Italian passport for the baby) so I'm looking at options to register my daughter as British citizen.

I would like to register her as soon as possible and I understand that given the circumstances the only option is MN1 section 3(1). I read the guidelines for section 3(1)" and i have the following questions:

- Does my wife need to get EEA PR first or is my status sufficient? (I will be British citizen by the time the MN1 will be submitted)

- Residence in the UK will be pretty short for the baby, am I correct to assume that length of residence for a newborn is irrelevant? (my interpretation of the guideline)

- Child's immigration status: permanent residence status through EEA PR is a no go as the baby won't have 5 years of residence. Again, I believe this shouldn't be a issue?
Guideline states that "Being free from immigration restrictions will be less important where one or both parents are British citizens who have come to the UK to live permanently and:
• the child satisfies the other expectations for registration
• the parents meet the expectations with regard to their circumstances
If the child is subject to immigration restrictions but otherwise meets the other expectations for registration, you must refer the application to a senior caseworker to make a decision on whether the circumstances outweigh the expectation that the child be free of restrictions".

-Finally, I was thinking of using the last page of MN1 form (blank for additional information) as a cover letter to explain the situation and outline grounds for application. Could this be useful ot it is going to be jsut a waste of time?

After all, we see our future here as a family and if the baby was born here it would have been a straightforward application. It would be nice to know about similar situations, in particular for newborns.

Documentation I was thinking to send:
MN1 form
Italian birth certificate (legalized and translated)
Italian ID and Passport of the baby (they will both show our UK address)
Parents passports (one UK and one Italian) and UK marriage certificate


Thanks in advance and sorry for the long post

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