Page 1 of 1

child registration MN1

Posted: Sat Oct 10, 2015 11:56 am
by its077
Hello Experts,

Me and My wife are currently holding the ILR and will be eligible for the naturalization in the Feb-16.
my child is currently 10 years old and on the dependent visa till Dec-2016
Child is born abroad when we were not having ILR or UK Visa.

Once I get the naturalization for my self and my wife, can I register my child under MN1 section 3(5) without applying ILR for child. Or is there specific requirement to apply ILR for child before registering under MN1 section 3(5).

This is the to check if I can save the ILR cost for child application.

Details from the guideline are as follows:
"To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory (see page 8) if born after 21 May 2002) for a
three year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period.
The child and their parents should not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period."

OR Do I need to register child under

"Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK."

Please suggest.

Re: child registration MN1

Posted: Sat Oct 10, 2015 12:06 pm
by CR001
Section 3(5) is not applicable to you/child. It is applicable to children born abroad to British citizens by descent.

You will need to register the child on MN1 under section 3(1) and the child will be expected to have ILR first. There is no shortcut.

On what basis did you and your spouse apply/qualify for ILR?

Why did you not include the child with your ILR application?

Re: child registration MN1

Posted: Sat Oct 10, 2015 12:10 pm
by noajthan
its077 wrote:Hello Experts,

Me and My wife are currently holding the ILR and will be eligible for the naturalization in the Feb-16.
my child is currently 10 years old and on the dependent visa till Dec-2016
Child is born abroad when we were not having ILR or UK Visa.

Once I get the naturalization for my self and my wife, can I register my child under MN1 section 3(5) without applying ILR for child. Or is there specific requirement to apply ILR for child before registering under MN1 section 3(5).

This is the to check if I can save the ILR cost for child application.
...

Please suggest.
Note Section 3(2) & 3(5) of BNA is for children born to parents who are BC by descent.

Your case appears to fit section 3(1) of BNA: registration at discretion of Home Secretary.

Do not fall into trap of skimping on ILR for minor.
... we would expect the child to be free of any restrictions on his/her stay in UK
Refer also: https://www.gov.uk/government/publicati ... structions
- see for example, sections 9.17.24-25 re conditions of stay

Re: child registration MN1

Posted: Sat Oct 10, 2015 12:10 pm
by vinny
noajthan is correct.

Registration should be under Section 3(1). Child also expected to have ILR.

Re: child registration MN1

Posted: Sun Oct 11, 2015 1:39 pm
by its077
Thank you very much fro clarification.
I will go with minor ILR first.