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Re: Child born in UK before Father got ILR and Mother on FLR
Posted: Wed Jun 13, 2012 7:48 pm
by boloney
TG1212 wrote:Hi All,
My son was born in UK in 2010. I recently got ILR and my wife got FLR. I guess my son is eligible for british citizenship. Is this correct ? ALso please provide which form i need to fill and what should i keep in mind for making the application ?
Cheers,
Tango
you can register him using mn1 form
Posted: Wed Jun 13, 2012 7:49 pm
by John
This has been covered many times on this board! Form MN1 .... application under section 1(3) is an entitlement application ... no UKBA discretion involved.
Follow on
Posted: Thu Jun 14, 2012 9:40 am
by paulmathew
Hi John,
aplogies for draging it out a bit further , I can't see how MN1 can be used it says
Registrations should be made using application form MN1, except for children:
who are, and always have been, stateless;
born in the United Kingdom who have lived there for at least the first 10 years of their life;
born on or after 4 February 1997 in Hong Kong; or
from Gibraltar.
TG1212's kid would only be 2 years old.
I have a similar situation and my kid is 3.5
Paul.
Posted: Thu Jun 14, 2012 10:19 am
by geriatrix
How did you come to the conclusion that TG1212's is "stateless"? Has he stated so?
How is your child "stateless"?
Posted: Thu Jun 14, 2012 11:22 am
by John
paulmathew, you refer to :-
born in the United Kingdom who have lived there for at least the first 10 years of their life;
-: and that wording clearly relates to a section 1(4) application. But TG1212's child will be applying under section 1(3).
I too would be interested to learn why you think your child is currently stateless. One is not stateless simply because a passport has not been issued. Many people around the world do not have a valid passport, but that does not mean that they do not hold citizenship. For example many British Citizens living in the UK do not have a valid in-date passport, but that does not make them any less British.
Not a stateless issue
Posted: Thu Jun 14, 2012 12:19 pm
by paulmathew
see this is how i looked at it
Registrations should be made using application form MN1, except for children:
born in the United Kingdom (- No problem here), who have lived there for at least the first 10 years of their life;(This is where i see the problem, my kid is 3.5 and TG1212' sis possibly 2, so do they not fail the 10 year test)
Posted: Thu Jun 14, 2012 12:53 pm
by geriatrix
MN1 form is to be used when the child "fails" the 4 tests. MN1 form not be used if the child "passes" any of the 4 tests.
Registrations should be made using application form MN1, except for children:
1. Child is stateless.
2. Born in the UK and have lived in UK for at least 10 years.
3. Born in HK after 03-Feb-97.
4. Child from Gibraltar.
When any of the 4 conditions is not fulfilled, the statement directs that MN1 form be used.
Yes, thanks.
Posted: Fri Jun 15, 2012 6:22 am
by paulmathew
Wow Sus, thanks for clarifying that. The tricks the mind plays when you are stressed. Thanks very much. You are very good and polite in answering. I have looked into a lot of your responses.
Cheers.
Paul.