Registration of Minor for UK Citizenship

[pappachen]

My daughter was born in UK (2007) during the time of her birth we were holding work permit status. On March, 2010 we got the settlement status for whole family, except my daughter as she was in India, and she stayed there from 2007 with grandparents and we frequently visited her. She is holding Indian passport and was stamped with work permit dependent visa end of 2007 which is expired in April 2009, unfortunately she never travelled to UK after she left. Now as we are settled and planning to reunite to be a complete family I was wondering how to proceed. I found that the child born in UK after 1983 can register straight as citizen of UK or do we have to initially apply for settlement for her then bring to uk and apply for citizenship. Can I register her name with her full birth certificate and our passport, without her presence in UK. Any advice appreciated. Many Thanks

[John]

As the child was born in the UK and you now have ILR there is an entitlement to be registered as British, under section 1(3). That is, the application, on form MN1, is not subject to any UKBA discretion, and it is irrelevant that the child does not have ILR, and is not currently in the UK.

Before rushing to fill in the form MN1, are there any other children in your family? If yes, where were they born? In the UK, or elsewhere?

[pappachen]

Thanks for your reply John, yes I have a son who is with us now 7yrs old. He was born out of UK and got ILR with us together this year.

[John]

OK, your 7yo is not yet entitled to be Registered as British, not until you and your wife apply for Naturalisation, presumably next year after you and your wife have had ILR for one year.

So a possible dilemma? If the two forms MN1 are submitted at the same time then the application fee will be lower, than if those forms are submitted at different times. But you want to get your daughter back to the UK as soon as possible?

If that is the case, you want to get your daughter back to the UK as soon as possible, probably best to proceed with her form MN1 soon, if only because the cost of doing that is less than the cost of a Child Settlement visa, even taking the cost of a British passport into account.

So proceed with her form MN1 soon, unless you are happy to leave her application until March next year, and indeed to leave her in India after that, until she has a British passport.

[pappachen]

Thank you once again John for the valuable advice. What documents is required to register my daughter, is it MN1, full birth certificate and our passports or is there any other documents required. After registering what we will do, can we apply for passport in British High Commission in New Delhi. I highly appreciate your valuable time and for the guidance. Many Thanks

[John]

When applying for Registration for your born-in-the-UK daughter I think you just need her birth certificate, obviously confirming that she was born in the UK, and a passport of one parent, named on the birth certificate, to show that parent now has ILR. And again there is an entitlement for her to be Registered as British, under section 1(3) ... there is no UKBA discretion involved here.

How long will the MN1 application take, when applying under section 1(3)? Recent reports show the answer to that is usually ... less than one month .. for the Certificate of Registration to arrive.

Armed with her Certificate of Registration as a British Citizen, yes proceed to apply for her British passport at the BHC in New Delhi.

Only when your daughter is in the UK can she be added to the claims for Child Benefit and Tax Credits. Her becoming British, by itself, will make no difference to the ability to claim.

[pappachen]

Thanks John, I am so glad that I got such a clear and brialliant response. I will proceed as you informed and hope everything will workout accordingly. Best regards. Aji

[pappachen]

Hi John, its me again I have got a confusing information from Home Office call centre. While completing the MN1 form I noticed that I have to mention child's present address. To check on that I had called the nationality helpline and they instructed me to apply MN1 in India as the child is in India and not here in UK. I contacted the VFS in India and they have no idea about this application and its process. I tried many times to contact the High Commission of India, unfortunately no one was able to advice me. I am bit concerned as her schooling will start in 1st week of Sept. Please advice me if possible how to take it forward so my child will be with me by the end of August. Many Thanks

[JAJ]

As the child is in India the application must be submitted to the British High Commission in India who will forward it to the Home Office in Liverpool.

It's nothing to do with the visa service in India.

Contact, http://ukinindia.fco.gov.uk/en/help-for ... sular-fees

[atul.ruparelia]

Finally did u apply at BHC in Delhi? If so, you being in UK and your daughter being in India, did they accept the MN1 form?

[atul.ruparelia]

Sorry I cannot wait for Pappachen's reply....as this exact scenario is applicable for me too as I also need to apply MN1 form for my child in India who was born in UK.

John - could you please clarify my query?

When applying for MN1 in India for a child born in UK, do the parents have to submit the application in person or they can post it?

[JAJ]

Sorry I cannot wait for Pappachen's reply....as this exact scenario is applicable for me too as I also need to apply MN1 form for my child in India who was born in UK.

John - could you please clarify my query?

When applying for MN1 in India for a child born in UK, do the parents have to submit the application in person or they can post it?

If child is in India, application must be made to the British High Commission in India.

[atul.ruparelia]

Thanks JAJ

Yes I am aware that application must be made at BRITISH HIGH COMMISSION IN INDIA, but do we need to apply in person or we can apply by post?

Also, another question -

If we both (parents) wait for another year after our ILR and receive our British citizenship – can we directly apply for BRITISH passport in INDIA for our child born in UK without need to fill MN1 form?

[JAJ]

Thanks JAJ

Yes I am aware that application must be made at BRITISH HIGH COMMISSION IN INDIA, but do we need to apply in person or we can apply by post?

Post is ok. But use a secure method, courier, otherwise it will probably get lost. And keep copies of everything as it may still get lost.

Also, another question -

If we both (parents) wait for another year after our ILR and receive our British citizenship – can we directly apply for BRITISH passport in INDIA for our child born in UK without need to fill MN1 form?

No. MN1 form is needed, either way.

[atul.ruparelia]

Hi Moderator,

Can I apply for British passport at the same time as MN1? I am confident that my MN1 will be successful.

Thanks
Atul

[John]

Of course not! A British Passport can only be applied for by a British Citizen! And until the Certificate of Registration is received following the MN1 application, the child is not British.

[atul.ruparelia]

Thanks John

Does that mean My child cannot travel outside country with only registration certificate?

Rgds
Atul

[John]

Well no, a passport is needed for international travel. The Certificate of Registration merely confirms the person is British.