Citizenship Forms AN or MN1

[Mands344]

I am a South African married to a British Citizen and have two children from a previous marriage (their father is South African and still lives in South Africa).
After proving sole responsibility for the children, my children and I moved to England in 2013 on Ancestry visa, and we now have Indefinite Leave to Remain as of May 2018.
I am married to a British Citizen however he is not their father. As I understand it, I do not have to wait a year to apply for citizenship as I am married to a British citizen, however will my children have to wait a year before applying for their citizenship? Many thanks.

[CR001]

however will my children have to wait a year before applying for their citizenship?

They can apply when you do or after you are already British.

You might get a letter from HO asking about the immigration status of their biological father though.

[Mands344]

Thanks for your response. Do you think I should submit similar documents as what I submitted when I applied for my children's ILR? i.e. proof that their father is not actively involved in their upbringing and that I have sole responsibility for them, and a letter from the children's father stating that he has no objection to them applying for citizenship?

[CR001]

Suggest read form MN1 and the MN1 guidance notes. Usually children born abroad can only apply if one parent is applying and the other holds ILR or both parents are applying. If their father writes a letter of no objection, it could bring into question the 'sole responsibility'.

Step parent unfortunately has no bearing or relevance on a step childs' MN1 application for citizenship, it is all about the biological parents.

How old are the children??

[Mands344]

The same guidance is given for applying for ILR - both parents have to be resident or applying to be resident, however a letter from their father and proof of sole responsibility was taken into account and their ILR was granted. My daughter is 17 and son is 13. I ideally would like to apply for my daughter's citizenship before she turns 18 as she has learning difficulties and will really battle to pass the Life in the UK test.

[CR001]

Understood, however ILR immigration Rules and Citizienship Laws are separate, different and independent of each other.

HO might accept it, worth a try.

[Mands344]

Thanks for your feedback. I am scared that if I apply and it is rejected then I loose the money... if this happens then I take it that the children should then wait until they are 18 and apply as adults?

[CR001]

Yes, if refused you will lose your money and there is also no appeal process for citizenship refusals.

I would include evidence of her learning difficulties if you apply now.

[Mands344]

Its a difficult decision to make - do I chance it and risk losing +£2000, or do they stay on ILR and apply when they are adults... so difficult! Thanks for your help though.

[CR001]

It is unfortunately a choice only you can make.

You might well be successful, but no one can guarantee it as registration for children born abroad is at discretion.

I registered my daughter after I was naturalised and before she turned 18 for the same reason you state, I would never have gotten her to do the LIUK reading and test. But my daughters father has never been in her life and doesn't feature on her birth certificate at all so made it easier for me to apply for her. Only had one query from HO re her app and that was to do with her name. Her app was approved within 6 weeks.

[Mands344]

I am applying for citizenship for myself and my children and I will be completing the joint online application - I have a couple of questions I am hoping you can answer:

1. Am I correct in thinking that by completing the online application this means that I do not complete the MN1 application for my children?

2. In the online application, it asks for the children's referee's details - what physical form do i ask the referees to complete and where do I get it from?

3. Schools are breaking up this week so I doubt I will get a referee from the school so I am battling to find a referee who is engaged with the child in a professional capacity - how long must they have known the child and could I use a Town Councillor? Neither child has been to the doctors regularly and their dentist is not British, and we don't go to Church... can I ask my son's previous childminder?

Thanks!

[CR001]

1. Each applicant is required to complete their own form. My understanding is that this applies to the online and paper form.

2. At the end of the process you will need to print the referee form where you have inputed their details already and they will need to sign it.

3. Your children are older, any professional referee (a friend who is on the list of referees) can sign as long as the person has known them for 3 years minimum. The professional referee DOES NOT have to be British.

[Mands344]

Thanks for your response. I have filled in the online form, and it allows me to add my children on to the same form, as children under 18, so all 3 of us are on 1 application...

Can a family friend who is on the list of approved referees act as a referee - and where it asks how they know the children, can they state they are a family friend?

Nearly there.... Thanks!

[CR001]

Yes should all be fine.