MN1 sec 1(3) vs PR

[luccass]

Morning,

I'm planning to register my son, who was born in the UK, as a British citizen under section 1(3) of MN1.

I'm a citizen of a EEU country and since my son's arrival I've be become settled (have been exercising EEA free movement rights for a continuous period of five years).

Do I need to get hold of the PR card before I can send the application, or sending WRS registration card, P60s, etc.. is sufficient to prove my settlement?

I know that since Nov 15 the PR is required for naturalisation, but struggle to find firm info regarding MN1.

Any help greatly appreciated.

luccass

[noajthan]

Morning,

I'm planning to register my son, who was born in the UK, as a British citizen under section 1(3) of MN1.

I'm a citizen of a EEU country and since my son's arrival I've be become settled (have been exercising EEA free movement rights for a continuous period of five years).

Do I need to get hold of the PR card before I can send the application, or sending WRS registration card, P60s, etc.. is sufficient to prove my settlement?

I know that since Nov 15 the PR is required for naturalisation, but struggle to find firm info regarding MN1.

Any help greatly appreciated.

luccass

In terms of registering child, a PR card (for parent) could help but doesn't appear to be mandatory.
In this scenario, registration under s.1(3) of BNA, child is entitled to be registered so does not need a particular immigration status.

Suggest start here:
https://www.gov.uk/government/publicati ... plications

[luccass]

Thanks for the confirmation and the linked document - wasn't aware such checklist existed.

[noajthan]

Thanks for the confirmation and the linked document - wasn't aware such checklist existed.

Be aware other members have experienced slight complications in persuading HMPO of their settled status.
It seems some HMPO caseworkers are not over-familiar with this route &/or applications from EEA national parents.

Suggest making sure the application is clear & watertight.
A cogent covering letter may help too.

Good luck.

[secret.simon]

To the OP,
The document linked to by noajthan proceeds on the premise that the child was born after you acquired PR.
Use the document as a guide to apply for MN1, but not directly for a passport. Once you got MN1 for the child, that document is redundant as the passport would be issued on the basis of the registration certificate, not your PR.

It seems some HMPO caseworkers are not over-familiar with this route &/or applications from EEA national parents.

I'm not surprised. EU law is complicated at the best of time. This is the reasoning that I think the Home Office used to make holding a PR card compulsory; that people who are knowledgeable in EU law gauge the PR application separately from the citizenship application, which is gauged by people knowledgable in UK nationality law.

To the OP, I would suggest applying for a PR certificate before the MN1. The MN1 application may take as long as a separate PR application and an MN1 application anyway as you will be relying on EU law.

[noajthan]

To the OP,
The document linked to by noajthan proceeds on the premise that the child was born after you acquired PR.
Use the document as a guide to apply for MN1, but not directly for a passport. Once you got MN1 for the child, that document is redundant as the passport would be issued on the basis of the registration certificate, not your PR.

It seems some HMPO caseworkers are not over-familiar with this route &/or applications from EEA national parents.

I'm not surprised. EU law is complicated at the best of time. This is the reasoning that I think the Home Office used to make holding a PR card compulsory; that people who are knowledgeable in EU law gauge the PR application separately from the citizenship application, which is gauged by people knowledgable in UK nationality law.

To the OP, I would suggest applying for a PR certificate before the MN1. The MN1 application may take as long as a separate PR application and an MN1 application anyway as you will be relying on EU law.

+1
Makes sense.

[luccass]

Thanks for your input guys.

On the other hand I applied for a British Passport for my second kid last year. She was born after I'd become settled, so she was considered as a British citizen at birth. I had to prove my settlement and WRS cert, P60s, etc. were accepted without any issues. Was hoping to have similar experience with MN1 application.

Based on your input will send some additional docs hoping it is enough to convince them. Prefer not to delay this application further waiting for the PR card to arrive.

Thanks!

luccass