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MN1 for Adopted Bulgarian Child - Please help

Posted: Thu May 16, 2013 9:51 am
by CR001
Hi,

I am posting this query for a friend and will explain the detail and the help she is requiring.

She has been living in the UK for 22 years and is originally from Bulgaria. She obtain BC by naturalisation in 1993.

In 2006 she adopted a baby from Bulgaria (as a British Citizen) and has been living in the UK with the child since then.

She submitted a MN1 application and has now been asked by UKBA to provide evidence and proof of her exercising treaty rights for the previous 5 years, which obviously is not necessary as she is a British Citizen since 1993. We are both confused about this request.

Can any gurus advise what she needs to do or provide a link that she can read or the proper steps she needs to follow. She doesn't speak English very well so any info that she can understand will be greatly appreciated.

Thanks

Char

Posted: Thu May 16, 2013 10:17 am
by vinny
See also 3.2.13.

Posted: Thu May 16, 2013 11:14 am
by CR001
Thanks Vinny.

Please confirm if I am understanding this correctly:

As the child was adopted by a BC
3.2.13 Under s.1(5), a child who is not already a British citizen becomes a British citizen from the date of an adoption order if EITHER:

the adoption is authorised by order of a court in the United Kingdom on or after 1 January 1983 or

the adoption is authorised by order of a court in a qualifying territory on or after 21 May 2002; and

the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on the date of the adoption order
And that per point 3.5.4, the child is already considered BC. Can you explain what my friend would then need to do please.

Thanks

Char

Posted: Thu May 16, 2013 11:20 am
by vinny
Apply for Confirmation of British nationality status (form NS) for child?

Posted: Thu May 16, 2013 11:26 am
by CR001
Great, thank you very much I will let her know.

What does she need to do regarding the MN1 application she has already submitted and that UKBA are asking for treaty rights evidence.

Posted: Thu May 16, 2013 11:31 am
by vinny
See also 6.3.31.