MN1 Form and MN1 guidance - question 2.3

[pedrosfaria]

Hi

I am a EEA national married with an EEA national and we have been living and working in the UK: her since 12 Feb 2008, myself August 2009. So both been living and working here for more than 6 years. We have two kids, both born in UK, in Dec. 2011 and April 2014, to whom I want now to get British nationality (they currently have the EEA nationality of father).

In filling form MN1 I have question 2.3 that asks "all absences from UK". The guidance says "periods the child has been abroad during the 3 years residence..". It also says that the child should not have been away more than 270 in the 3 year period.

If I fill according to questionnaire and put every journey out, I get a total of 315 days, which I then need to put in a box in 2.3 "Total number of days absent (including any shown on final page)". However, if I fill according to guidance, the total is only 219 days.

I am worried that by providing data on more years the clerk might refuse my oldest child application because i am taking into account a wider period than just the 3 years noted in the guidance. I saw a question on this topic here, but no clear answer.

Additionally, because the form does not have enough lines for all visits to outside UK, I need to report these somewhere else. Again, the NM1 form says "continue on final page of this application form" which i would understand as page 31 of form "Further information not covered in other sections". However, the guidance says "if there is not enough room for all absences then continue ton page 14". Page 14 of the NM1 form is the end of section 3 "Parents' residence in the UK or the British..." and the recommendation makes no sense.

So, any advice on:
1 - should I report all stays out of the UK or just the one's in the previous 3 years?
2 - should I report the ones that do not fit in page 31 or page 14?

is most welcome.

Thank you

PF

[noajthan]

Hi

I am a EEA national married with an EEA national and we have been living and working in the UK: her since 12 Feb 2008, myself August 2009. So both been living and working here for more than 6 years. We have two kids, both born in UK, in Dec. 2011 and April 2014, to whom I want now to get British nationality (they currently have the EEA nationality of father).

In filling form MN1 I have question 2.3 that asks "all absences from UK". The guidance says "periods the child has been abroad during the 3 years residence..". It also says that the child should not have been away more than 270 in the 3 year period.

If I fill according to questionnaire and put every journey out, I get a total of 315 days, which I then need to put in a box in 2.3 "Total number of days absent (including any shown on final page)". However, if I fill according to guidance, the total is only 219 days.

I am worried that by providing data on more years the clerk might refuse my oldest child application because i am taking into account a wider period than just the 3 years noted in the guidance. I saw a question on this topic here, but no clear answer.

Additionally, because the form does not have enough lines for all visits to outside UK, I need to report these somewhere else. Again, the NM1 form says "continue on final page of this application form" which i would understand as page 31 of form "Further information not covered in other sections". However, the guidance says "if there is not enough room for all absences then continue ton page 14". Page 14 of the NM1 form is the end of section 3 "Parents' residence in the UK or the British..." and the recommendation makes no sense.

So, any advice on:
1 - should I report all stays out of the UK or just the one's in the previous 3 years?
2 - should I report the ones that do not fit in page 31 or page 14?

is most welcome.

Thank you

PF

1) Children born in UK have an entitlement to register as citizens once one parent is settled in UK.

The 3 years/270 days absence rule does not apply to applications made under 1(3) of BNA; that limit applies to section 3(5) BNA applications.

So whether you submit 3 or 5 years information should not impact your older child.

The most important information relates to proving one parent (at least) has settled status, (PR).

2) If you have no space in the table suggest copy the page and continue filling it in.
Attach the extra page/table to the 'additional information' section of the form (page 31).

[pedrosfaria]

Many thanks noajthan, that is a very clear and helpful answer.

On parents settled status, I have been working in the UK since 24/08/2009 and my wife since 18/02/2008, both of us always with the same employer. The tax and pension funds must have a track of all that through National Insurance Number. However, none of us as ever submitted to a Permanent Residence (PR) as we are European Union member nationals and thought we would never actually need it under EU Treaties. So, I am just providing the information on start of employment as requested in 3.13. I do this for me in 3.13 and for my wife in "Further information". I am providing no further information, but see no further info is requested either. Question 3.13 has a rather strange formulation for me, it says "If one of the parents is a EEA national and is claiming to have permanent residence since 30 April 2006, please tick one or more boxes below to show the way(s) in which way(s) you have exercised Treaty rights for the past 5 years and give the relevant dates."

I understand this as "if you have been living in the UK for the past 5 years and you are an EEA citizen, you can exercise Treaty rights that have come into force since 30 April 2006, and claim permanent residence in the UK (and you don't need to do anything, because that is the nature of the treaty)". Am I right on this one?

Ah! one last, really stupid doubt, just in case - on start of Section 5, page 20, it says "Name of Applicant" and I am not sure if i should put my name or not. I mean, it is me doing the application for my children, but is really strange in terms of form design, that they only ask this in Section 5 while in Section 1 they have asked for contact numbers, email information and if someone is representing the parents or not. The guidance is totally absent on this "applicant name" field.

Many thanks for your help!

[noajthan]

Many thanks noajthan, that is a very clear and helpful answer.

On parents settled status, I have been working in the UK since 24/08/2009 and my wife since 18/02/2008, both of us always with the same employer. The tax and pension funds must have a track of all that through National Insurance Number. However, none of us as ever submitted to a Permanent Residence (PR) as we are European Union member nationals and thought we would never actually need it under EU Treaties. So, I am just providing the information on start of employment as requested in 3.13. I do this for me in 3.13 and for my wife in "Further information". I am providing no further information, but see no further info is requested either. Question 3.13 has a rather strange formulation for me, it says "If one of the parents is a EEA national and is claiming to have permanent residence since 30 April 2006, please tick one or more boxes below to show the way(s) in which way(s) you have exercised Treaty rights for the past 5 years and give the relevant dates."

I understand this as "if you have been living in the UK for the past 5 years and you are an EEA citizen, you can exercise Treaty rights that have come into force since 30 April 2006, and claim permanent residence in the UK (and you don't need to do anything, because that is the nature of the treaty)". Am I right on this one?

Ah! one last, really stupid doubt, just in case - on start of Section 5, page 20, it says "Name of Applicant" and I am not sure if i should put my name or not. I mean, it is me doing the application for my children, but is really strange in terms of form design, that they only ask this in Section 5 while in Section 1 they have asked for contact numbers, email information and if someone is representing the parents or not. The guidance is totally absent on this "applicant name" field.

Many thanks for your help!

It would be much simpler if at least one parent had a confirmation of PR card.
If you have ambitions for privilege of citizenship you will need this for your own naturalisation application too (mandatory requirement since rules changed at end of last year

Without a PR card you will need to itemise the timeline and categories of qualified person that the parent has used to acquire PR - and provide supporting evidence.
In other words provide much of what you would have to supply when applying for a PR card.

Section 5 'Name of Applicant' refers to the child.

[Richard W]

I am a EEA national married with an EEA national and we have been living and working in the UK: her since 12 Feb 2008, myself August 2009. So both been living and working here for more than 6 years. We have two kids, both born in UK, in Dec. 2011 and April 2014, to whom I want now to get British nationality (they currently have the EEA nationality of father).

From what you say, your wife achieved permanent residence on 12 February 2013, so your younger child was born a British citizen.