Can I acquire citizenship based on my father?

[Cossami]

Hello.

I'll try to keep this brief. I'm 17, dual NZ & Polish citizen. I've been living in the UK for 2yrs & 4 months using my Polish passport. My dad has acquired British citizenship less than a year ago. My mother resides in Poland. Given that I want to live in the UK for the foreseeable future, I'm looking to become a citizen.

From my research, it's much easier and slightly cheaper to process it as a child, so I would like to do that if possible. It's my understanding that the form I'm looking for is MN1, and the section is 3(1) which would be considered under the Home Secretary's discretion. The guide says that usually both parents have to be either citizens or settled. Only one of mine is, they are separated (by distance, not sure if legally).

My question is, how do I proceed? Should I just submit the form MN1 under Section 3(1), provide the best supporting evidence I have and hope for the best or go through whatever the Home Office throws at me after Brexit and apply in 4 years as an adult? Would a denied MN1 have any future implications, particularly if I'm applying for naturalisation as an adult?

Thanks

Extra information: I've been absent less than 45 days since I moved here permanently. I have no criminal history, I have a NI number and plenty of payslips as well as an active UK bank account. I'm a full time student, applied for everything like a driving license here. I have an adult British citizen who knows me well as well as a professional British citizen (a friendly teacher) to sign my application.

[JAJ]

You appear to qualify for MN1 registration under policy in every respect but one- it appears that you do not have Permanent Resident status under the EEA Regulations. It's less than 5 years since you came to the U.K.(only in exceptional cases does Permanent Residence come sooner) and since your father is now British you're not an EEA dependent any longer- so not moving towards Permanent Residence that way- and while you may be considered a student/self-supported (assuming you're not in full time employment), do you have comprehensive sickness insurance? If not, you're not accumulating any time towards Permanent Residence that way either.

Home Office policy document on section 3(1) provisions, page 30.
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

One potential work-around would be for your father to sponsor you for Indefinite Leave to Remain under the Immigration Rules. See paragraph 298 of the Immigration Rules- the two most significant issues you'd have to resolve would be whether you can show your father has "sole responsibility" for you and technically if you're living as an EEA citizen in the U.K. you don't have an existing leave to remain under the Rules (because you don't need it). As it would not be recommended to make such an application only to be refused, you should discuss this option in more detail with an immigration solicitor. If you find one with a substantial EEA related caseload they may have experience of others taking the same option-and so can better advise as to what the Home Office would likely do as opposed to what they may theoretically do.
https://www.gov.uk/guidance/immigration ... ly-members

An immigration solicitor may be able to advise if you can claim EEA Permanent Resident status on some basis missed so far in this discussion. Any other relevant U.K./Irish family history- parent or grandparent born in U.K./Ireland or a British territory, for example?

How long is it before you turn 18?

[Cossami]

You appear to qualify for MN1 registration under policy in every respect but one- it appears that you do not have Permanent Resident status under the EEA Regulations. It's less than 5 years since you came to the U.K.(only in exceptional cases does Permanent Residence come sooner) and since your father is now British you're not an EEA dependent any longer- so not moving towards Permanent Residence that way- and while you may be considered a student/self-supported (assuming you're not in full time employment), do you have comprehensive sickness insurance? If not, you're not accumulating any time towards Permanent Residence that way either.

Home Office policy document on section 3(1) provisions, page 30.
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

One potential work-around would be for your father to sponsor you for Indefinite Leave to Remain under the Immigration Rules. See paragraph 298 of the Immigration Rules- the two most significant issues you'd have to resolve would be whether you can show your father has "sole responsibility" for you and technically if you're living as an EEA citizen in the U.K. you don't have an existing leave to remain under the Rules (because you don't need it). As it would not be recommended to make such an application only to be refused, you should discuss this option in more detail with an immigration solicitor. If you find one with a substantial EEA related caseload they may have experience of others taking the same option-and so can better advise as to what the Home Office would likely do as opposed to what they may theoretically do.
https://www.gov.uk/guidance/immigration ... ly-members

An immigration solicitor may be able to advise if you can claim EEA Permanent Resident status on some basis missed so far in this discussion. Any other relevant U.K./Irish family history- parent or grandparent born in U.K./Ireland or a British territory, for example?

How long is it before you turn 18?

Thanks for the reply. I'm 10 months away from my 18th birthday.

I don't think getting ILR via my NZ passport is possible or makes sense for that matter. It's expensive and complicated. I have complete freedom to travel anywhere I want in the world with my existing passports and I'm not that worried about EU citizens rights in the UK. My goal is that since I plan to live in the UK and I may be entitled to citizenship, I'd prefer to do that as a minor when it's easier and cheaper.

First, would I be considered an a permanent resident if my dad held a permanent residence certificate and no British citizenship? I can't find any information about that. If it's possible to gain permanent residence status based on whom I'm dependent on, then is my sister an option? She is Polish (and NZ) with an EEA permanent residence certificate. I've been living with her for almost all my time in the UK. She is just a sister, my parents are still legal guardians and all that. My dad resides in a different city.

If I'm not considered a permanent resident through either my dad or my sister, I will just let this go. I will do whatever they require me to do to stay in the UK after Brexit happens and proceed to apply for citizenship as an adult in 4 or so years.

If yes, I am considered an EEA permanent resident through my sisters certificate, how do I proceed? Also, I couldn't find any information that indicates that an EEA citizen acquires permanent residence through whom they are dependent on. Could you point to a source?

[JAJ]

Regarding the EEA Regulations, it is possible as far as I know to be a dependent on a sister- but whether or not this applies to you is beyond the scope of this section of the forum (there is an EEA Immigration section of the forum as well where you may receive a better answer).

I think you should consult with a solicitor experienced in both family migration under the Immigration Rules and the EEA Regulations to see where you stand in terms of getting permanent residence, either now or in the future. Options could still include applying under the domestic Immigration Rules for settlement- before you turn 18- based on family relationship, either in-country or by returning to Poland and applying there.

Different option- which again you should discuss with a solicitor (hopefully one with some experience)- would be to apply on form MN1 for British citizenship but without PR there would be a risk of being refused, and losing the application fee.

If you are dependent on your sister, you need to consider what events might cause you to cease to be dependent under the EEA Regulations- including if she becomes a British citizen. If you're not dependent on her, then you need to be compliant with the EEA Regulations in your own right, and if you're a student or self-supported person, you need to have comprehensive sickness insurance in order to be accumulating time towards Permanent Residence. Some discussion at: http://blogs.lse.ac.uk/politicsandpolic ... residency/

Do you have a European Health Insurance Card issued by Poland or anywhere other than the U.K.?

In addition- stay in touch with developments regarding the U.K. and EU negotiations. The Government has suggested that under the post-EU immigration rules for those from the EEA, lack of sickness insurance should not be bar to obtaining the new settled status. However- it's also possible that the EEA immigration rules may be extended beyond 2019 or that the post-EEA immigration rules may be different than what is currently proposed.
https://www.gov.uk/guidance/status-of-e ... ed-to-know

Make sure you have everything well documented as whichever option is taken, it will be a lot easier to evidence if you have kept good records.

[annad]

As far as I'm aware children under the age of 18 are not required to have a DCPR document to be registered on a form MN1. It would be helpful to have one but can't find it mention anywhere in MN1 guide.

It is not possible to cover all circumstances under which the Home Secretary might
exercise discretion in circumstances not already described in this guide. However,
in considering any application not specifically covered above consideration will be
given to:
 the child’s connections with the UK – we would expect the child to be free of
any restrictions on their stay in the UK
where the child’s future is likely to lie
 the parents’ views
 the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK
whether the child is of good character
 the length of time the child has lived in the UK – we expect at least 2 years
residence (particularly if the child is over the age of 13)
any compelling circumstances

In this case the problem is a short stay in the UK (just over 2 years) and the second parent living abroad so not settled in the UK.