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British Nationality Act - Child Naturalisation application
Posted: Wed Jun 19, 2013 9:09 pm
by redjet
Dear All,
I am confused with mn1 application and guide in relation to the appropriate section of British Nationality Act. I request experts to clarify on this:
1. Child (born in India) aged < 10 years.
2. Parents (born in India) obtained ILR last year based on 5 year residence.
3. Child entered UK along with parents and got ILR last year as well.
4. After 12 months of obtaining ILR, child applying for naturalisation along with parents based on 5 years residence.
Can you please suggest which section of British Nationality Act should be stated in the mn1 application Section 1 - 1.1 field?
Thanks
Posted: Wed Jun 19, 2013 9:34 pm
by Jambo
Posted: Wed Jun 19, 2013 10:15 pm
by redjet
Thanks for your reply Jambo. I did read this FAQ yesterday.
FAQ wrote:
born abroad
If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect that the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17 .
However I didn't understand why a minor's application should be at discretion of HO, if he/she has completed same number of years residence and has an ILR since 12 months (same as parent). I wondered if I missed something here. Hence the question.
Moreover, one of the columns in the application says, "should the minor be considered for citizenship even if the parent's application is rejected?"
Posted: Thu Jun 20, 2013 12:42 am
by Jambo
redjet wrote:However I didn't understand why a minor's application should be at discretion of HO, if he/she has completed same number of years residence and has an ILR since 12 months (same as parent). I wondered if I missed something here. Hence the question.
Well, adult naturalisation applications is also at discretion (i.e. it's not an automatic and guaranteed approval if you meet the requirements). Children registration requirements are less strict than adults (no minimum residence requirement, no need to wait 12 months etc). Why? That's because this is the way the British Nationality Act was drafted 30 years ago.
Moreover, one of the columns in the application says, "should the minor be considered for citizenship even if the parent's application is rejected?"
This normally is not relevant to applications under section 3(1) although there might be (very rare) cases where the case worker doesn't approve the adult application but approves the child.
Posted: Thu Jun 20, 2013 12:48 am
by vinny
Under section 3(1), there is a minimum residential
requirement expected for children aged 13 or over.
Posted: Thu Jun 20, 2013 9:21 am
by Jambo
vinny wrote:Under section 3(1), there is a minimum residential
requirement expected for children aged 13 or over.
True although this is only set in the caseworker guidelines whereas the residential requirements for naturalisation are defined in the BNA.
thanks
Posted: Thu Jun 27, 2013 11:46 pm
by redjet
thanks Jambo and Vinny for your help...I sent my application yesterday.
Posted: Sat Sep 21, 2013 1:49 pm
by Amber
redjet wrote:Hello All,
I am applying for first British passport after naturalisation as British Citizen. I have a question about the documentation required, should I send my Biometric Residence Permit along with my current uncancelled passport and Naturalisation certificate?
I will be grateful if anyone can answer this...
Thanks
Posted: Sat Sep 21, 2013 1:50 pm
by Amber