query about filling out MN1 form for obtaining Brit Citizenship for my son. I myself have Brit Citizenship by descent

[greenblue14]

Hi All,
I hope you can help. I am a British Citizen by descent through my father. I was born in Spain while my parents were working there for a short time. We then returned to UK when I was 1 year old and I grew up and lived here for the next 25 years. I am now currently living in Indonesia. Last year in November 2024 my son was born in Indonesia (he is 9 months old).

I would like him to have a British passport, and as I understand it he can do this, but has to first register as a British Citizen, rather than being automatically granted this, beause I myself have British Citizenship by descent. I understand that I need to fill in MN1 form and he will be eligibile under section 3(2) - because I, his mother, have Britsh Citizenship by descent and have lived in UK for at least 3 consecutive years at some stage before he was born.

When I am filling in the section of the form where it asks: "under which consideration I am applying for British Citizenship", I have ticked the box which says " Your parent is British by descent and lived in the UK or a British Overeseas territory for at least 3 years before you were born", which seems to be the correct box to tick. There does not seem to be another suitable box to tick apart from this one.

But then at the end of the form when it asks for documents, one of the documents it asks for is: "evidence that my son's parents lived in UK for a period of 3 years immedtiately before the date of application".

As I said, as far as I understand all of the information around my son's eligibility, the requirement is that I (his mother) have lived in UK for more than 3 years consecutively at SOME TIME before his birth, not necessarily IMMEDIATELY before.

Is anyone familiar with this form/had the same issue? Does anyone know, have I perhaps ticked the wrong box or something? I would be most grateful if anyone had information etc which could help me out with this?

Thanks in advance.

[contorted_svy]

When reviewing the guidance I see this

Section 3(2)
A child will qualify under this section if:

they were born outside the UK

either of the child’s parents was a British citizen by descent at the time of the child’s birth

the mother or father of that parent (the child’s grandparent) became, or but for their death would have become a British citizen otherwise than by descent, either:

on 1 January 1983

at the time of the parent’s birth

the British citizen by descent parent lived in the UK for a continuous period of 3 years at any time before the child’s birth. During that period, they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age.

If the child was born on or after 21 May 2002, the parent can have been resident in a qualifying British overseas territory.

The 3-year residence requirement for the parent does not need to be met if the child is stateless.

An example of a child who qualifies under section 3(2) is as follows:

John’s maternal grandfather was born in the United Kingdom in 1949

John’s mother was born in France in 1970 (and is a British citizen by descent). She lived in the United Kingdom from September 1989 to September 1992 (and was not outside the United Kingdom for more than 270 days during that time)

John, born in France in 2009, is not a British citizen but can be registered under section 3(2)

It is important to note that a child registered under this section will be a British citizen by descent and unable to pass British citizenship automatically by descent to any of their children born abroad.

On the other hand, a child registered under section 3(5) (see below) will be a British citizen otherwise than by descent; any of their children born abroad will be British by descent.

If the family are living abroad, you will need to decide whether to apply under this section. Or, if there is a possibility that the family may return to live in the UK or a British overseas territory before the child reaches age 15, whether to wait and apply under section 3(5). You should indicate that you are aware of this by ticking the relevant box on the application.

So it shouldn't be an issue. Did you tick 3(2) or 3(5)? It seems to me you may have ticked 3(5) by mistake.

[greenblue14]

Yes, I agree, it shouldn't be an issue at all, and my son's situation is very similar to the example they give in the guidance for section 3(2). My son should be eligible under this section:
.....the British citizen by descent parent lived in the UK for a continuous period of 3 years at any time before the child’s birth. During that period, they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age......

But then I cannot understand why it requests documents for "evidence that my son's parents lived in UK for a period of 3 years immedtiately before the date of application".

You don't actually tick a box to say which specific section you are applying under (eg 3(2) or 3(5)), you just fill in the information as you go along and at the end it tells you which documentation is required (even though in the guidance it gives you all of the information about which sections you are eligible under etc).

I ticked number 1 below, but the list of boxes I could have ticked when asked "under which consideration I am applying for British Citizenship", are:

.....Choose which category to apply under. You are a child under 18 and:

1. Your parent is British by descent and lived in the UK or a British Overseas territory for at least 3 years before you were born

2. Your parent is British by descent and you and your parents (unless they are legally separated) are now living in the UK or a British Overseas territory

3. You were born on or after 13 January 2010 and your parent was serving in the UK armed forces

4. You were adopted abroad by British citizen parents

5. You were born before 1 July 2006 to a British father and your parents were not married

6. One or both of your parents is applying for British citizenship

7. Other - apply at the discretion of the Home Secretary........

So no, I just don't understand what is wrong here.

[contorted_svy]

Sometimes the form may be misleading. If you write a cover letter to specify the route you are applying under, the caseworker will be able to interpret correctly what requirements apply to you and if you fullfil them.

[greenblue14]

Yes, thanks very much, I hope that I can do that. That is the only problem when completing applications online, it only lets you see what to fill in as you go along (doesn't let you see what is on the next page etc). There is only a very small box at the bottom with a very few words allowance for you to write anything, and until I press 'submit' I cannot see the next page, to see whether or not I can add a cover letter etc, or when I have to pay etc. But I may just have to press 'submit' and hope that it is possible to then send a cover letter, or to have more interaction with the immigration office then, before I have to pay. Because I don't want to send it if it incorrect and then have issues. Thank you for your time.

If anyone else has come across any similar query/problem to my own, I would be grateful to hear from you also.

[contorted_svy]

You will be able to upload a cover letter as a separate file on the TLS Contact website, when you book a biometric appointment. Don't worry about that part.

[greenblue14]

Oh that's great to know, thanks very much. I'll definitely try that direction then.
Thanks again.