MN1 section 1(3) applications

[adbelat]

Hello,
How about when a child is born in the UK but didn't have ILR nor was added on parent's visa (then work permit residence)?
I have two kids who are now 5.5 yrs and 4 yrs old, both were born in the UK (Northern Ireland) before my wife and I (both from non-EU) obtained ILR in 2012. I then got BC and passport over a year now and my wife still has ILR (she intends to apply for BC soon). Is the registration in this case straightforward for both kids as i haven't added them to my work permit visa when they were born and I did not apply for their ILR either as they both obtained Irish passport when they were born (both were born in Northern Ireland) and used it for travel out and back in UK.

Also, I was wondering whether I could apply for their British passport directly without going through the registration hence save the costs of their registration ?

Please advise what is the best way to proceed?

[CR001]

Hello,
How about when a child is born in the UK but didn't have ILR nor was added on parent's visa (then work permit residence)?
I have two kids who are now 5.5 yrs and 4 yrs old, both were born in the UK (Northern Ireland) before my wife and I (both from non-EU) obtained ILR in 2012. I then got BC and passport over a year now and my wife still has ILR (she intends to apply for BC soon). Is the registration in this case straightforward for both kids as i haven't added them to my work permit visa when they were born and I did not apply for their ILR either as they both obtained Irish passport when they were born (both were born in Northern Ireland) and used it for travel out and back in UK. As they are born in the UK, they are entitled to register and ILR is not needed as there registration is under section 1(3) of the nationality act. Because they were born BEFORE you got ILR, they are not automatically British so cannot apply directly for a Passport. You will have to register, and pay the fees, on form MN1

Also, I was wondering whether I could apply for their British passport directly without going through the registration hence save the costs of their registration ? No easy route, see answer above.

Please advise what is the best way to proceed? Register on MN1 and once you receive the registration certificates, apply for British Passports.

[adbelat]

Many thanks CR001 for your clarification and advice. I will proceed with their registration as you advised.

Just to make it clearer for me, the fact that I have not added them to my residence when they were born (before I had ILR then BC) will not have any effect on their registration? am I right? Please clarify this point.

Also, would I need to include their non-EU passport only (to show their total absence out of the UK) or will I need to include their Irish passports too (along with the non-EU ones)?

Finally, is it better to use an NCS centre or sending their registration by post is just as fine?

Thanks again for your advice - much appreciated.

[CR001]

Just to make it clearer for me, the fact that I have not added them to my residence when they were born (before I had ILR then BC) will not have any effect on their registration? am I right? Please clarify this point. Not an issue at all.

Also, would I need to include their non-EU passport only (to show their total absence out of the UK) or will I need to include their Irish passports too (along with the non-EU ones)? If you are non-EU, how did they qualify for Irish passports? Irish citizens have the same rights to reside as British Citizens. Where exactly were your children born?

Absence is not an issue for such small children. You would need to include ALL uncancelled passports though or a British birth certificate.

Finally, is it better to use an NCS centre or sending their registration by post is just as fine? NCS is better as you get to keep the original documents.

[adbelat]

Thanks again CR001. To answer your question, they were born in Northern Ireland (they were then entitled for Irish citizenship/passport - born on the Island of Ireland and I was on a work permit UK residence).


You mentioned that I ".. would need to include ALL uncancelled passports though or a British birth certificate." ?
I do have British birth certificates for both kids, does it mean that I can include these British birth certificates ONLY (i.e. without including ANY of their passports be it the non-EU or the Irish passport)?

I forgot to ask you earlier (forgive me for bothering you too much):

-- what are the documents I need to include for their registration in addition to the completed form?

-- and if I choose to go apply through NCS, do I have to take the kids with me to the NCS centre (I am based in Northern Ireland and would need to book flight and accommodation)?

[CR001]

See the 'children' section in the link below :

http://www.immigrationboards.com/britis ... ml#p592355

Particularly, Q2 under header 'application form'

MN1 form and guidance also has all the information.

https://www.gov.uk/government/uploads/s ... r_2015.pdf

https://www.gov.uk/government/uploads/s ... r_2015.pdf

No,they will not have to attend NCS with you.

Question, as they have Irish passports, why do you want to register them as British?

[adbelat]

Many thanks CR001 for your advice and for the links you provided. I will go through these and start prepare the application for registration. To answer your question, I want to register them and apply for their registration then British passport so we all have the same passport as I am based in the UK. Also these constant changes to immigration rules etc worries me so I thought to get them British passport as their parents. My wife, currently on ILR over a year, has also decided to apply for naturalisation on the basis of spouse of BC and live here for good.

[CR001]

You are welcome and happy to help with any further questions you might have.

Was just curious about why you want to apply as it is expensive when they already have Irish passports entitling them to stay in the UK freely and indefinitely without any restrictions. But your answer makes sense as a family.

[adbelat]

You are welcome and happy to help with any further questions you might have.

Was just curious about why you want to apply as it is expensive when they already have Irish passports entitling them to stay in the UK freely and indefinitely without any restrictions. But your answer makes sense as a family.

Dear CR001 and Gurus,

I would be grateful if you could please help clarify my queries below re registration of my two children born in the UK using the MN1 form.

I am now planning to register, under Section 1(3), my two kids (now 6 yrs and 4yrs old) whom I discussed with you in previous posts last year. They were both born in the UK (in Northern Ireland) before my wife and I obtained ILR then British citizenship and passport later. I have obtained british passport two years ago and my wife has just got her British passport recently.

1) As I explained previously, both kids hold Irish and non-EU passports (they were entitled to Irish passport being born in NI and based on my residence history in NI/UK), and I had asked you last year whether I would need to submit ALL of their passports and you advised that one
"..would need to include ALL uncancelled passports though or a British birth certificate."

As it has been a while since I sought your advice on this, could you please confirm this is still the case if I apply now? do I have to submit ALL their passports (Irish + non-EU) in addition to their full British birth certificates?

2) What shall I answer to question 1.9 on the MN1 form "Present nationality"? shall I put both the non-EU nationality AND Irish? -- please advise on this one.

3) Both children are currently still not known to the Home Office as I never applied for their visa or added them as my dependents in the past since their birth (as their Irish passport was enough for them to stay legally in and get in/out of the UK).

- I know you previously confirmed this is not an issue - is it still not a problem or were there any recent changes that one should take into account before applying?

- What shall I answer to question 1.2 on "Immigration and Nationality Directorate or Border and Immigration Agency or UK Border Agency reference number." ?

and to question 1.3 on "Please say if and when the child was given indefinite leave to enter/remain in the UK....."?


4) I presume Section 3 of the MN1 form doesn't apply in my case as I am applying to register under Section 1(3) of the British Nationality Act 1981 - am I correct?

5) I also presume Section 4 on "Good character" doesn't apply as both children are only 6yrs and 4 yrs old?

6) Finally, I am planning to include the following supporting documents for each child:

a) Completed form + photo + details and signatures of x2 professional British referees
b) Full British birth certificate
c) Irish (current + cancelled) passports AND non-EU (current + cancelled) passports
c) Parent's marriage certificate
d) Full copy of parent's British passports
e) The Fee

Would this be Ok or have I missed any other required documents?

I am planning to apply soon and would greatly appreciate your advice on the above points.

Many thanks in advance.