Page 1 of 1
Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 1:00 pm
by Andreas1
Can I please ask for some advice.
1. My child was born in EU in 2012
2. Both parents married - EU citizens
3. Father naturalised British Citizen in 2016.
4. All the family lives in England.
Can we apply for a passport or do I have to fill MN1 form. And if I have to fill the MN1 I am using the
Section 3(5) act.?
Many thanks
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 1:27 pm
by zimba
To register under MN1, child must be settled here plus one parent must be British and the other must be either settled here or is applying to become British.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 1:27 pm
by CR001
It is a section 3(1) application for a child born abroad.
Child also needs or or settled status first.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 3:25 pm
by secret.simon
Andreas1 wrote: ↑Tue Jun 18, 2019 1:00 pm
And if I have to fill the MN1 I am using the Section 3(5) act.?
No, as
CR001 and
Zimba have mentioned above, it would be a Section 3(1) application.
Section 3(5) is for registrations where one of the parents themselves is a British citizen by descent. As one of the parents has naturalised, they are a British citizen otherwise than by descent. Therefore Section 3(5) does not apply to the children born abroad to them.
What is the UK immigration status of the other non-UK citizen parent?
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 7:21 pm
by Andreas1
Thanks for your response the other parent is EU citizen.
My concern is that even section 3 (1) does not describe our situation as it says "Children born abroad to parents who are applying for British citizenship".
On this occasion none of the parents is actually applying for Citizenship as I am a citizen since 2016.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 7:24 pm
by CR001
You are overthinking and possibly missing another part bout a parent being British already. Section 3(1) is the correct option.
If you are British and the other parent and the child have PR, then you can register the child.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 8:14 pm
by Andreas1
Thanks for the response
I was not aware that a child has to apply for a PR prior to the MN1 form if their parent is British Citizen.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 8:24 pm
by CR001
Children born abroad need PR first and can only apply for British citizenship when either parent is also applying OR when one parent is already British and the other parent holds PR.
It is very important to note that you becoming British in 2016 does NOT have a retrospective effect for your daughter or give any special entitlements to her. She has to meet all the requirements or it will be refused and you lose the £1023 fee.
Re: Child born abroad - One parent BC after child birth
Posted: Tue Jun 18, 2019 9:02 pm
by Andreas1
Thank you very much for this useful information.
I must admit that I did not know the part about the PR of the child and the other parent being a prerequisite for filling form MN1. And when I am reading the guidance for MN1 it is not mentioned too.
In any case thank you for the advice.
Have a nice night
Re: Child born abroad - One parent BC after child birth
Posted: Wed Jun 19, 2019 10:07 am
by vaza
Practically you can apply for settled status for your child with minimum documentation as long as they have been in the UK for 5 years. It's free now. School letters are great and will cover large periods. After this is granted (and it should be fairly quick, maybe 1-2 weeks), there is no need to wait further to make the registration application.
To clarify settled status is sufficient instead of PR - different things but give freedom of immigration rules.