Hi everyone, me again!
The home office responded to the MN1 application and it was refused. The reason is because of her fathers travel outside of the UK in the last 3 years is greater than 270. There is no desecration, even though we were desperately hoping that they would have some leniency on this, as it was for work.
She will be eligible to apply via the MN1 at the end of July 2026 where the amount of days her father was out of the country in the last 3 years will no longer exceed 270 days.
My daughters FLR ( FP) expires in December 2025. Can someone please confirm do we just do another extensions on the FLR ( FP) or is there another visa/ application/ process we should do?
Thank you once more for your advise!
For those interested, here is the extract out of the refusal letter, which explains the reason why it was declined. I have replaced my daughters name as x, mother as z and father as y.
This decision relates to x You should help them to read and understand the information below
Your application for British Citizenship has been refused
Your application for British Citizenship was received on 28th January 2025. Your application has been considered under section 3(5) of the British Nationality Act 1981.
You have not demonstrated that you meet the requirements for British Citizenship and your application has been refused.
What this means for you
You have not been registered as a British Citizen.
The reasons for this decision are set out in the next section.
Yours sincerely
Xxxxxxx name removed by moderator
CT4
On behalf of the Secretary of State for the Home Department
Your personal information
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Reasons for decision
Due to z mother acquiring British Citizenship under section 2(1)a, we have considered registering x using the guidance for section 3(2) and 3(5) of the British Nationality Act 1981
The British Nationality Act 1981 contains a number of provisions which give minors in certain circumstances an entitlement to registration as British citizens. They are:
“You must normally register a child if:
• if the parent had registered before the child’s birth, the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5)
• where necessary both parents consent to the registration
• there is no reason to refuse on character grounds”
Unfortunately, x does not meet the criteria under section 3(2) because:
x mother, z has not lived in the UK for a continuous period of 3 years at any time before x birth
The criteria under section 3(5) is also not met because:
The child and both of their parents have not been absent from the UK for more than 270 days in that 3-year period. There is no discretion to accept a longer period of absence than 270 days in the 3 years before the date of the application.
As x s father, y, has absences over 270 days during the 3 years before the date of application, this mandatory requirement is not met.
Further consideration has been made under the usual expectations in section 3(1) of the British Nationality Act 1981.
3(1) discretionary registration – reasons for refusal
Details of the usual expectations for section 3(1) can found at
https://www.legislation.gov.uk/ukpga/1981/61/section/3
Section 3(1) allows for registration as a British Citizen at the Home Secretary’s discretion, the only mandatory requirements are that an applicant is under 18 and of good character. These requirements have been met, however, there are usual expectations that your x would normally be expected to meet.
These are set out in the Form MN1 guidance, details can be found on pages 15 & 16 at:
https://www.gov.uk/government/publicati ... 1-guidance
x application has been considered in line with the three usual expectations set out in the above guidance document.
Children applying in line with parents
She does not meet this criteria because:
x is not settled in the UK
x father, y, does not hold settled status
Children with settlement and residence
She does not meet this criteria because:
x has not completed a period of lawful residence in the UK of more than 5 years
x has not been granted settled status in the UK, and/or held settled status for at least 12 months
Neither of xs parents have completed a period of 5 years residence in the UK
xs father, y, does not hold settled status
Children who have lived in the UK for more than 10 years
She does not meet this criteria because:
x has lived in the UK for 4 years
I have considered whether there are grounds to exercise discretion to register x as a British Citizen and have taken into account her British mother. However, I am not satisfied there are sufficient grounds to do so. Although x has resided in the United Kingdom since 7th December 2020, none of the usual expectations have been met.
We have taken into consideration the mitigating factors that have been explained as to why x should be registered as a British Citizen at this time, when the usual expectations have not been met. However, there appears to be no exceptional circumstances to justify registration at this time. Therefore, x application is refused.
Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.
You can request a review of this decision using the form at
https://www.gov.uk/government/publicati ... ed-form-nr
If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.
