MN1 Application advice

[_ran]

Good morning. A bit of a background:

My partner (not married) and I arrived to the UK in late 2006 (I was A8 national). She is French (does not have a British passport but EEA of course). I was naturalised and got my UK Passport and in 2013. In 2011 we had a son (was born in the UK) who is now a French passport and of course he was born before I was naturalised.
Since we are not married (despite the fact that I am British), my partner needs to fill up MN1 to get him naturalised (under her EEA).

My questions are with regards to things I did not really get when filling the form.
1.1 Section of the British Nationality Act 1981: Do I write 2?
1.2 Not sure what to put here?
1.3 Is that his date of birth?
1.6 First name goes here, right?
1.27 What is the settling date for A8 national? When we moved here in 2006? Or 5 years later?
1.36 What is the settling EEA? When we moved here in 2006? Or 5 years later?
2.1 It’s his date of birth again right?

This is the part that I am most confused about, section 3:
3.1 Does she need to fill this (She is EEA, I am British via naturalisation) at all or we can go to Section 3.13?
3.15 Does she need to feel that part?

Thanks a lot for your help!

[noajthan]

Good morning. A bit of a background:

My partner (not married) and I arrived to the UK in late 2006 (I was A8 national). She is French (does not have a British passport but EEA of course). I was naturalised and got my UK Passport and in 2013. In 2011 we had a son (was born in the UK) who is now a French passport and of course he was born before I was naturalised.

Since we are not married (despite the fact that I am British), my partner needs to fill up MN1 to get him naturalised (under her EEA).

My questions are with regards to things I did not really get when filling the form.
...

This is the part that I am most confused about, section 3:
3.1 Does she need to fill this (She is EEA, I am British via naturalisation) at all or we can go to Section 3.13?
3.15 Does she need to feel that part?

Thanks a lot for your help!

You may be a little confused.

Your UK-born child has an entitlement to register as a UK citizen as soon as either:
a) 1 parent acquires PR (in this case as soon as mother has PR as she is the EEA national; UK will now consider you as British only - not as an A8 national anymore);
OR
b) as soon as one parent is naturalised as a British citizen.

Has mother acquired PR yet?
Does mother have a 'confirmation of PR' card?

If mother does not have PR yet then it is on the basis that you (father) is now a British citizen that enables registration to progress at this time.

See MN1 guidance:
https://www.gov.uk/government/uploads/s ... ations.pdf

Paternity should be fine, as discussed on page 11+ of above guide.

Regarding your specific questions...

1.1 Section of the British Nationality Act 1981: Do I write 2?
No, its Section 1(3)

1.2 Not sure what to put here?
Any HO ref number you may have

1.3 Is that his date of birth?
No - leave blank

1.6 First name goes here, right?
Yes

1.27 What is the settling date for A8 national? When we moved here in 2006? Or 5 years later?
Date you acquired PR

1.36 What is the settling EEA? When we moved here in 2006? Or 5 years later?
Date of mother acquiring PR - unclear if she has PR

2.1 It’s his date of birth again right?
Leave blank - as s/he did not come to UK but was born in UK

None of Section 3 applies - that is only for applications made under 3(2) or 3(5) of BNA
Skip all of section 3 - jump to section 5.

(Note Section 4 does not apply to a minor under 10 years).

[_ran]

Wow. You're a lifesaver.
Thank you very much indeed for your detailed response.
I was a bit confused so it seems. Thank you for clearing that for me (when I called my Nationality Service office they insisted that the mother has to lead the entire process and not myself because we are not married.)

To answer your question, no, she never had a PR (I did not know she needed that at all). As for myself, I am not sure what acquiring PR means (I was A8 at the time we moved here). Is that naturalisation date in my case? I never got a PR card either.

As for "Any HO ref number you may have". I have never contacted the home office with regards to the kids. I have downloaded the form , called the Nationality Service office, that's about it. Do I need to contact the Home Office?

Thanks!

Good morning. A bit of a background:

My partner (not married) and I arrived to the UK in late 2006 (I was A8 national). She is French (does not have a British passport but EEA of course). I was naturalised and got my UK Passport and in 2013. In 2011 we had a son (was born in the UK) who is now a French passport and of course he was born before I was naturalised.

Since we are not married (despite the fact that I am British), my partner needs to fill up MN1 to get him naturalised (under her EEA).

My questions are with regards to things I did not really get when filling the form.
...

This is the part that I am most confused about, section 3:
3.1 Does she need to fill this (She is EEA, I am British via naturalisation) at all or we can go to Section 3.13?
3.15 Does she need to feel that part?

Thanks a lot for your help!

You may be a little confused.

Your UK-born child has an entitlement to register as a UK citizen as soon as either:
a) 1 parent acquires PR (in this case as soon as mother has PR as she is the EEA national; UK will now consider you as British only - not as an A8 national anymore);
OR
b) as soon as one parent is naturalised as a British citizen.

Has mother acquired PR yet?
Does mother have a 'confirmation of PR' card?

If mother does not have PR yet then it is on the basis that you (father) is now a British citizen that enables registration to progress at this time.

See MN1 guidance:
https://www.gov.uk/government/uploads/s ... ations.pdf

Paternity should be fine, as discussed on page 11+ of above guide.

Regarding your specific questions...

1.1 Section of the British Nationality Act 1981: Do I write 2?
No, its Section 1(3)

1.2 Not sure what to put here?
Any HO ref number you may have

1.3 Is that his date of birth?
No - leave blank

1.6 First name goes here, right?
Yes

1.27 What is the settling date for A8 national? When we moved here in 2006? Or 5 years later?
Date you acquired PR

1.36 What is the settling EEA? When we moved here in 2006? Or 5 years later?
Date of mother acquiring PR - unclear if she has PR

2.1 It’s his date of birth again right?
Leave blank - as s/he did not come to UK but was born in UK

None of Section 3 applies - that is only for applications made under 3(2) or 3(5) of BNA
Skip all of section 3 - jump to section 5.

(Note Section 4 does not apply to a minor under 10 years).

[noajthan]

Wow. You're a lifesaver.
Thank you very much indeed for your detailed response.
I was a bit confused so it seems. Thank you for clearing that for me (when I called my Nationality Service office they insisted that the mother has to lead the entire process and not myself because we are not married.)

To answer your question, no, she never had a PR (I did not know she needed that at all). As for myself, I am not sure what acquiring PR means. Is that naturalisation in my case? I never got a PR card either.

As for "Any HO ref number you may have". I have never contacted the home office with regards to the kids. I have downloaded the form , called the Nationality Service office, that's about it. Do I need to contact the Home Office?

Thanks!

fyi - PR is not naturalisation, it is a form of 'settled status'. And it is one prerequisite to naturalisation.
(Non-EEA nationals on the non-EU immigration journey into UK get 'ILR' instead of PR).

For EEA nationals, PR is acquired automatically (once certain conditions are fulfilled).

You must have acquired PR already or else you couldn't have been naturalised.
(As you were naturalised before Nov 2015 there was no necessity, at that time, for you to obtain a PR card first).

If you wife ever has ambitions for the privilege of British citizenship (& I can understand that she may not!) then suggest she looks into obtaining confirmation of PR card.
(Due to recent rule change, possession of such a PR card is now a vital prerequisite for citizenship).

Not sure what NCS were talking about.
You should be fine on paternity side, especially if entered on your child's birth certificate.
The Paternity section of the guide I pointed out to you should cover it.
(There will be more detailed guidance available should it prove necessary).

If you have no HO reference number then leave that question blank.
(Remember these HO forms are generic; they cover a lot of different types of applicants with different types of circumstances).

Best of luck.

[noajthan]

P.S. It's still worth applying NCS; they do offer a useful sanity-checking service.

As they copy all originals you get to keep your valuable original documents too;
(it's always useful to have your passports back in case any need to travel comes up).