Query on a recent application - Registration of a Minor

[umerkhanuk]

Hi, I have recently sent off an application (through NCS) for my child (17) who has lived/born in the UK for all his life, with me getting my ILR a couple of years ago,

I have applied for his registration through form T with the supporting documents, after looking around now in retrospect would form MN1 be an easier/faster option? Are both uses of law discretionary or entitlement? In this case I seem to be eligible to use both forms....

MN1 seemed to be a harder process - was my decision the correct one, will it affect the chances of my child getting accepted or the timeframe of the process?

A lot of questions but finally what is usually the needed evidence for form T and if contacted by the Home Office what can I gather to strenghten the case of my child living in the UK for the 10 years and if can I mention my status as IRL and show my child is looking to study at uni in the UK (or will it not matter)?

Thanks for your time, very much appreciate for any help!

[noajthan]

Hi, I have recently sent off an application (through NCS) for my child (17) who has lived/born in the UK for all his life, with me getting my ILR a couple of years ago,

I have applied for his registration through form T with the supporting documents, after looking around now in retrospect would form MN1 be an easier/faster option? Are both uses of law discretionary or entitlement? In this case I seem to be eligible to use both forms....

MN1 seemed to be a harder process - was my decision the correct one, will it affect the chances of my child getting accepted or the timeframe of the process?

A lot of questions but finally what is usually the needed evidence for form T and if contacted by the Home Office what can I gather to strenghten the case of my child living in the UK for the 10 years and if can I mention my status as IRL and show my child is looking to study at uni in the UK (or will it not matter)?

Thanks for your time, very much appreciate for any help!

If minor is born in UK and one parent is settled then a section 1(3) registration is an entitlement; an application on form MN1 would probably be most straightforward; (no need to prove 10 years of residence etc).

A s.1(4) application is for UK-born minors with parents who are not settled.

[umerkhanuk]

Thanks for the quick reply - Having already sent of the application (my mistake) is there anything that can be done to help the application, please note my partner is not settled as of yet and mainly on this regard I used form T for my child.
Looking at the application from a wider view, is there a good chance of it being accepted? Is the evidence needing typically extensive

[noajthan]

Thanks for the quick reply - Having already sent of the application (my mistake) is there anything that can be done to help the application, please note my partner is not settled as of yet and mainly on this regard I used form T for my child.
Looking at the application from a wider view, is there a good chance of it being accepted? Is the evidence needing typically extensive

I don't know about form T 1(4) applications but I am familiar with MN1.

Be assurred if HO have queries or there are shortcomings in the evidence supplied they will be in touch.

[umerkhanuk]

Thanks for the quick reply - Having already sent of the application (my mistake) is there anything that can be done to help the application, please note my partner is not settled as of yet and mainly on this regard I used form T for my child.
Looking at the application from a wider view, is there a good chance of it being accepted? Is the evidence needing typically extensive

I don't know about form T 1(4) applications but I am familiar with MN1.

Be assurred if HO have queries or there are shortcomings in the evidence supplied they will be in touch.

Thanks for your help, If anyone has any experience/knowledge of form T 1(4) applications it would be a great help to give your insight!

[secret.simon]

Applications under both Section 1(3) of the British Nationality Act 1981 (Form MN1) and under Section 1(4) of that Act (Form T applications) are entitlements and can not be refused, providing that proof of meeting the requirements is included.

MN1 is easier to verify as it requires just proof of birth in the UK and proof that the parent has subsequently acquired settled status in the UK.

Form T would logically require proof that the child has lived for the first ten years of its life in the UK and that the absence in each year did not exceed 90 days.

Form MN1 applications can only be made while the applicant is a minor, whereas Form T appears to be a lifelong option.

Further reading - Section 1 of the British Nationality Act 1981.

[umerkhanuk]

In applying for registration, I have realised that some supporting documents providing evidence in living in the UK have my second name misspelt by 1/2 letters.

Will this be a problem for my application, all my 'official' documents (birth certificate/passport..) have the same/correct spelling but letters from places like the NHS have the mistake.

I worry that they may reject the affected documentation although it can be seen all the documents are in sequence/are addressed to me, can the case worker use their understanding that although it is spelt incorrectly, the evidence is valid?

Thanks

[CR001]

Should not be an issues. As long as your official documents are correct, it should be fine.

[umerkhanuk]

Should not be an issues. As long as your official documents are correct, it should be fine.

Thanks for your prompt answer!

[umerkhanuk]

In the application for MN1 through fathers ILR, does the father have to be married to the mother of the child?

The birth certificate of the child has the father listed and there was a religious ceremony however it was not registered - for example in the town hall.

Will this matter?

[secret.simon]

A DNA test may be needed to prove that the ILR holder is the natural father of the child.

Also see: Proving paternity in British nationality law: rule change on effect of birth certificates

[umerkhanuk]

Damn, but the birth certificate was issued a long time before 2015, with regards to this:

"The changes only take effect for birth certificates issued after 10 September 2015. The change does not affect children or fathers where the birth certificate was issued before 10 September 2015."

I have looked online on this issue and there hasn't been any clarity for me personally so I hope this forum might help!

[umerkhanuk]

Prior to 1 July 2006, only a legitimate child (born to parents who are married to each other) could automatically derive British citizenship from the father, if the father was a British citizen or "settled" in the United Kingdom. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child, then if the father was a British citizen or "settled" in the UK when the child was born, the child would become a British citizen and would be regarded as having been one from the date of marriage. This affects only children where the mother is neither a British citizen nor "settled" in the UK.

Where a child would be a British citizen but for the fact that the parents are not married, the Home Office will usually register the child as a British citizen under section 3(1) of the British Nationality Act provided that the child is still under 18.

If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as a British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, it will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act.

https://en.wikipedia.org/wiki/Indefinit ... _in_the_UK
---------------
All from Wikipedia, if someone can verify/interpret this information to my case (where the child was born before 2006) I would be very grateful.

[CR001]

Yes, it is correct. Can you answer where your religious ceremony took place and which year the child was born?

[umerkhanuk]

Yes, it is correct. Can you answer where your religious ceremony took place and which year the child was born?

It was years ago but a mosque of some sort (I can't remember the name but I suppose you mean to ask if it was certified to register marriages, which I dont think it was.)

And the child was born in 2000

[CR001]

Was the religious ceremony held in the UK or abroad? That is what I am trying to determine, not the name of the mosque.

[umerkhanuk]

The UK

[CR001]

Then you are not married and child cannot register as British. Islamic marriages conducted in the UK are not recognised by HO.

You will need to marry in one of the Registry offices for it to be recognised.

[umerkhanuk]

Then you are not married and child cannot register as British. Islamic marriages conducted in the UK are not recognised by HO.

You will need to marry in one of the Registry offices for it to be recognised.

Right, thanks for the reply,

From here on, from what I understand, I get the marriage registred deeming the child legitimate, allowing me to use my ILR for the child's MN1 application?

Does it matter that the 'marriage' was after the child's birth? Is there a chance that the MN1 can be rejected still after 'getting married'? Does the birth certificate with the fathers name hold no ground?

Finally is this the only option to go through the MN1 route?

[CR001]

What year was the child born?

Was the child born in the UK (your post is not very clear on this point?

What year did you get ILR?

[umerkhanuk]

What year was the child born?

Was the child born in the UK (your post is not very clear on this point?

What year did you get ILR?

2000
Yes
2012

[CR001]

I have merged your two topics as they are relevant to each other as application for the same child. It is always helpful to stick to one topic or at least give the full details.

What happened to the form T application you submitted?

When does the child turn 18??

[noajthan]

These may be options now that dates are clearer. (Dates were not mentioned in the earlier posts which was an oversight all round).

A child born before 1 July 2006 who could now meet the requirements for section1(3), 3(2) or section 3(5) had his/her parents been married can apply under section 4F using Form MN1

Needs to be done before 18th birthday.

Alternatively, if the child lives in the UK until age 10, s/he will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act.

[umerkhanuk]

I have merged your two topics as they are relevant to each other as application for the same child. It is always helpful to stick to one topic or at least give the full details.

What happened to the form T application you submitted?

When does the child turn 18??

We have not heard back as of yet (received confirmation and biometric done)

I'm looking online/asking here to give myself options if the worst happens (rejection) and to find out if I made the right choice - having been told MN1 is usually easier.

The child will be 18 end of next year, turning 17 in a couple of months, looking at the option of MN1 now before its too late.

Thanks for your help so far!

[umerkhanuk]

These may be options now that dates are clearer. (Dates were not mentioned in the earlier posts which was an oversight all round).

A child born before 1 July 2006 who could now meet the requirements for section1(3), 3(2) or section 3(5) had his/her parents been married can apply under section 4F using Form MN1

Needs to be done before 18th birthday.

Alternatively, if the child lives in the UK until age 10, s/he will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act.

I think you have answered my question quite well;

- I can apply by 4F in MN1 under the condition that if we were married, section 1(3) would apply.
- Alternatively form T with evidence of first 10 years UK stay will work.

Is this MN1 route as simple as it would be under 1(3) is section 4F an entitlement or discretion? For this I only need to prove my ILR and childs UK birth certificate? I am confused by the use of "their parents" plural, is it OK for only me to have ILR?

Finally is there no need to get married and legitimising the child?