NM1 Section 1(3) German Parents

[musawir]

Hi,

Me and my wife are living in UK since December 2005 and we both are German national. We have two sons who are born in UK (June 2006 and July 2009). We now planning to apply for British passport for them. Do we need to apply using NM1 form or we can directly apply for their British Passport? I completed my studies in June 2006 and working since then but never applied for PR card.

I will appreciate any help. Thanks

[ouflak1]

Hi,

Me and my wife are living in UK since December 2005 and we both are German national. We have two sons who are born in UK (June 2006 and July 2009). We now planning to apply for British passport for them. Do we need to apply using NM1 form or we can directly apply for their British Passport? I completed my studies in June 2006 and working since then but never applied for PR card.

I will appreciate any help. Thanks

From the dates you've given, I think you will need to register them under MN1(3) as they were born before you would have acquired PR. Only then will you be able to apply for passports.

[noajthan]

Hi,

Me and my wife are living in UK since December 2005 and we both are German national. We have two sons who are born in UK (June 2006 and July 2009). We now planning to apply for British passport for them. Do we need to apply using NM1 form or we can directly apply for their British Passport? I completed my studies in June 2006 and working since then but never applied for PR card.

I will appreciate any help. Thanks

If you came to UK in 2005 you could not have acquired PR before 2010.
So you were not 'settled' in UK when children were born.
This means your children are not British (yet).

Therefore, you cannot apply for passports directly, its a 2-stage process.
1) Register minor/s as citizens when requirements are met (see below).
2) Apply for first British passport for minor

Minors born in UK can register as citizens under s1(3) of BNA once parents are settled; use form MN1.
So parents need proof of having acquired PR either with or without a PR card.

Did you have CSI as a student?

[musawir]

Hi,

Thanks for your advise
No I have not applied for CSI Card during my studies, Sadly I didn't knew of CSI card until very recently.

Also do we have to apply for PR or it is automatically given once you have lived here for 5+ years?

[noajthan]

Hi,

Thanks for your advise
No I have not applied for CSI Card during my studies, Sadly I didn't knew of CSI card until very recently.

Also do we have to apply for PR or it is automatically given once you have lived here for 5+ years?

PR is not applied for.
No, simple residence for 5 years in UK is not enough.

PR is acquired automatically by someone exercising treaty rights as a qualified person continuously for 5 years.
And with any absences from UK kept within prescribed limits so as to maintain continuity of residence in UK.

What is applied for is a confirmation of PR card.

Have you had any prolonged absences?

If you did not have CSI (or EHIC or appropriate other cover from German health authorities) in those carefree student year/s your PR clock will have stopped.
PR clock will have started when you started work & will have to run 5 years.

So from your outline dates you may have acquired PR sometime in 2011 or 2012.

What was timeline & activity of other parent in UK?

[musawir]

Hi,

I am working as IT Consultant since June 2006 and have no absence during this period. My wife is housewife.

[noajthan]

Hi,

I am working as IT Consultant since June 2006 and have no absence during this period. My wife is housewife.

In that case you are likely to have acquired PR by 2011/2012.
You are your wife's sponsor too.

You will need to submit adequate documentary supporting evidence in your application for a confirmation of PR card.
You could include your wife as a dependent family member.
And your child, if you wish.

If you choose not to apply for PR card you could take guidance from the PR information & submit all the same information (to prove your settled status) along with MN1 application.

However do note you will need PR cards anyway if you (parents) have ambitions for privilege of citizenship of UK.