Help with MN1 section 3(2) application

[LStark83]

Hello!

I am in desperate need for some guidance/advice as I am getting conflicting information from different immigration firms in the UK. I am hoping to secure British citizenship for my two children (8 and 11yrs) who were born in Hong Kong and hold dual Australian and New Zealand citizenship by descent.

I am a British citizen by descent (both my parents are British but I was born in Australia), I lived and worked in the UK for just under 3 years before I moved to Hong Kong with my now husband and we have been here for the past 13 years. We have recently purchased a house in the UK and are wanting to relocate to the UK to raise and educate our two children. My husband will be taking an internal transfer with his company to the UK. Our son is already in boarding school in the UK on a Tier 4 child visa.

My husband will be entering the UK on an ancestry visa as his grandparents are British.

I was wanting to secure citizenship for my two children via MN1 section 3(2) however I have just been told by an immigration consultancy that I won’t be able to do so due to my employment as a flight attendant (based out of LHR) whilst I lived in the UK pre children, given I would have not met the 270 day requirement. I was under the impression that days spent outside of the UK whilst at work as airline crew were exempt from the calculation of days spent outside the UK.

Does anyone have any advice/knowledge of this requirement regarding airline crew?

One of the main reasons I was hoping to secure citizenship for the children was that I was going to move to the UK earlier than my husband would be transferred to settled the children into their new schools and set the new house up - without this I can’t, as my daughter would need to be a dependant on my husbands ancestry visa and that won’t be until later in the year.

Any help or guidance would be hugely appreciated!

Many thanks!!

[zimba]

As far as I know, under Section 3(2) and 3(5) the 270 days absences requirements are strict and no discretion is applied. I never read anywhere that time spent abroad as an aircrew member is not considered under absences