MN1+Passport in the UK when child is absent

[harshil223]

hello all
i require guidance in below what-if scenario.

I am Tier1 G holder and will get my ILR in April 1st week (booked appointment at PEO). I have a six month old child who was born in the UK. Child got home country passport issued in the UK.
Can you please let me know
1) If child travels to home country on the home country passport before my ILR. Can I register the child for british citizenship using MN1 once I get my ILR when child is not present in the UK? Child will be outside of the UK when I submit MN1 using NCS in the UK.
2) If 1. is possible, can I get british passport by Postoffice service when child is not in the UK as well?
3) Once british passport is issued, I will it to home country. Can the child enter UK based on the british passport and later submit the home country passport at VFS when back in the UK?

My main concern is the possilbe hassle at the immigration either at home country or the UK as the passport would have been issued in the UK but child is entering the UK from outside.

Any response/suggestion will be highly appreciated.

[vinny]

6.3.20.

[harshil223]

6.3.20.

Thanks vinny; I gone through list of docs from the link you have given but could not find answers to my queries. I know it is difficult to respond every post in detail but can you please be a bit more explicit i.e. document name, section number, rule name?

[vinny]

B. Applications made to the wrong authority

6.3.20 Where an applicant is abroad on the date the application is received in the Home Office, the application will not have been "made" to the correct receiving authority and should normally be rejected (see 6.3.1.2 above for details of receiving authorities).

[harshil223]

B. Applications made to the wrong authority

6.3.20 Where an applicant is abroad on the date the application is received in the Home Office, the application will not have been "made" to the correct receiving authority and should normally be rejected (see 6.3.1.2 above for details of receiving authorities).

thanks Vinny. so the full process while the child is outside of the UK is not possible the way i thought. however will it be ok if
a) MN1 application is done in the UK only and child is in the UK till the application is received at HO. Later child leaves the UK for her home country
b) When the registration certificate is received by the guardin who is still in the UK, it is sent to child at her home country. and
c) Child applies for passport in british consulate in her home country. And later travels back to UK on the british passport.

[harshil223]

B. Applications made to the wrong authority

6.3.20 Where an applicant is abroad on the date the application is received in the Home Office, the application will not have been "made" to the correct receiving authority and should normally be rejected (see 6.3.1.2 above for details of receiving authorities).

thanks Vinny. so the full process while the child is outside of the UK is not possible the way i thought. however will it be ok if
a) MN1 application is done in the UK only and child is in the UK till the application is received at HO. Later child leaves the UK for her home country
b) When the registration certificate is received by the guardin who is still in the UK, it is sent to child at her home country. and
c) Child applies for passport in british consulate in her home country. And later travels back to UK on the british passport.

any thoughts?

[Jambo]

That would work although process time for new passports in India can be quite long. I would suggest, if possible, to do the whole process while the child is in the UK. Should only take 2-3 months for BC + passport.

[harshil223]

That would work although process time for new passports in India can be quite long. I would suggest, if possible, to do the whole process while the child is in the UK. Should only take 2-3 months for BC + passport.

ok, yes that makes sense. thanks Jambo.

[vinny]

hello friends
can anyone please share/suggest if there was any problem while coming back to UK on ILR holder's dependent visa after a long stay out of UK i.e. 1 year?

i should get my ILR in April 1st week and add my child as my dependent, however once our BRPs are received, the child will travel out of the UK and may return after 1 year. Can there be any issue for the child while entering UK as she would have stayed out of the country for a long time?

thanks

[Jambo]

No issue.

[vinny]

A child with ILR will be subject to the returning residents provisions. Less than two years absence shouldn't be a problem.
However, previous scenario will save the cost of adding son as a dependant in your ILR application.

[harshil223]

However, previous scenario will save the cost of adding son as a dependant in your ILR application.

yes, it would surely save the cost of adding my child as a dependent in my ILR application. however the in the scenario I described
a) MN1 application is done in the UK only and child is in the UK till the application is received at HO. Later child leaves the UK for her home country
b) When the registration certificate is received by the guardin who is still in the UK, it is sent to child at her home country. and
c) Child applies for passport in british consulate in her home country. And later travels back to UK on the british passport.

I am not sure if child leaves for the home country when the MN1 application is in process at HO, what will be the status of child's nationality and whether it may cause any issue at either border control.
Hence I decided to include the child as dependent in my ILR application. Otherwise I would like to follow above scenario and save considerable amount of quid.

Would the UKBA know if the MN1 application is in progress in the UK Home Office when the child leaves for home country?
Can there be any problem when child applies for the british passport at UK high commission in home country? (as it will be based on MN1 registration which was done in the UK)

sorry to clutter this up but there are n numbers of various scenarios and really struggling to choose the correct one. all i want is that the child leaves for the home country by middle of May and there should not be any problem while bringing child back after a year.
any help really appreciated.

thanks

[vinny]

Status of child's nationality will remain the same until registration is granted.

[harshil223]

Status of child's nationality will remain the same until registration is granted.

thanks Vinny.
however after reading this post, especially about the complicated process of visiting New Delhi, I think it is better to include child in ILR along with me. So there won't be any issue while coming back to UK and once in UK, the MN1 can be progressed.

[harshil223]

Status of child's nationality will remain the same until registration is granted.

thanks Vinny.
however after reading this post, especially about the complicated process of visiting New Delhi, I think it is better to include child in ILR along with me. So there won't be any issue while coming back to UK and once in UK, the MN1 can be progressed.

upon thinking further on above, does the residency requirement law applicable for child as well? i mean when i bring my child back to UK after spending a year overseas, will i be able to apply for MN1 registration for the child or will i have to wait for a year?

[Jambo]

see Q2 in FAQ - most common questions - Children.

[harshil223]

Status of child's nationality will remain the same until registration is granted.

thanks Vinny.
however after reading this post, especially about the complicated process of visiting New Delhi, I think it is better to include child in ILR along with me. So there won't be any issue
while coming back to UK and once in UK, the MN1 can be progressed.

well, I did not stick with the original plan and did not include my child in ILR along with me, instead had my ILR done only for me.

Here is my situation at the moment.

-My baby was born in the UK before I got ILR
-He got Indian passport issued and travelled to India on it.
-After I got ILR, I applied to register him as British Citizen using MN1 while I was in the UK only.
-MN1 process is finished and I got registration certificate with me now.
-Now I need to apply for British passport from within India (No time constraint) as the baby is now in India.

Based on my research I came to know that I need to fill in form C2 available at link. I intend to fill the form in UK and send it over to Delhi as suggested in guidance notes.
However can anyone please help me regarding documentation required for this process? Anyone who has done this before will be most helpful.

I can attach below documents with the filled in C2 form
1) baby's original full birth certificate
2) baby's original registration certificate
3) baby's Indian passport
4) baby's father's i.e. my passport and BRP card
5) baby's mother's passport (vignette visa)

However I cannot attach my and my wife's original passports as I reside in UK along with my wife whereas baby is in India.
So my questions:

a) as I am already attaching baby's registration certificate, isn't it a valid and sufficient proof of having a British passport issued without looking at parents' passports?
b) if it is not sufficient, can I submit true copies of my and my wife's passports certified by PostOffice instead of having them notarized by attorney? The reason is simple, the cost of attorney notary is far more than PostOffice.

thanks for any response in advance

[Jambo]

FCO might have different requirements than IPS and the consulate in Delhi might have their own requirements. If applying from the UK, parents' passports are not required. The registration certificate is enough.

[geriatrix]

Have you read the C2 guidance notes?

ORIGINAL DOCUMENTS ARE REQUIRED and will be returned to you.

You need to provide all original documents and all the translations along with 1 set of photocopies of each document.

Best that you check directly with the British High Commission in Delhi.

[harshil223]

FCO might have different requirements than IPS and the consulate in Delhi might have their own requirements. If applying from the UK, parents' passports are not required. The registration certificate is enough.

yes jambo, you are right but as I am not applying from the UK, I have to find out the way of doing so from out of the UK. thanks anyway.

Have you read the C2 guidance notes?

ORIGINAL DOCUMENTS ARE REQUIRED and will be returned to you.

You need to provide all original documents and all the translations along with 1 set of photocopies of each document.

Best that you check directly with the British High Commission in Delhi.

thanks sushdmehta for responding on my post. yes I read the C2 guidance notes.

Actually I was bit confused as there are two guidance notes are available on the FCO site.

India - First time passport application for children under 16 specifies that if the original passports of parents are not submitted, certified colour copy can be provided.

Where possible, we need to see both parents’ original passports, particularly those held around
the time of the child’s birth. Passports can be returned in case of urgent travel on payment of an
additional courier charge of Rs 200. If it is not possible to submit the original of the parents’
passports, you can submit a high quality, colour photocopy of every page of the passport and the
copy must be attested on each page by a UK solicitor.

I think the text you quoted is applicable if any translated documents are provided.

However I could not find anything about proving true copy of documents on C2 guidance notes.

I would stick to the former link to "India - First time passport application for children under 16" for guidance as it appears to be more specific for applications in India whereas latter seems to be generic C2 guidance notes.

I will of course contact BHC Delhi to get further clarification, but I posted on this site just to find out if anyone else has gone through this route and can share his/her experience.

thanks in advance

[harshil223]

I will of course contact BHC Delhi to get further clarification, but I posted on this site just to find out if anyone else has gone through this route and can share his/her experience.

thanks in advance

upon reading other posts and doing some research work, I came to know about Right to Abode (ROA) way using which I may be able to bring my UK born child, who is registered as British citizen but is in India at the moment, to UK. I would prefer that compared to applying for British passport in India using form C2.

can anyone please let me know if can that be done especially considering neither parent of the child is naturalized as BC but only I (father) is settled in the UK? if possible, can I use my child's India passport to apply for ROA from India?

thanks

[harshil223]

can anyone please let me know if can that be done especially considering neither parent of the child is naturalized as BC but only I (father) is settled in the UK? if possible, can I use my child's India passport to apply for ROA from India?

thanks

i think the answer to above query is negative. i had read one post where it was mentioned that it is not possible as upon getting British citizenship, the previous citizenship to India is lost so the India passport becomes invalid and one cannot travel using invalid passport. rather ROA will not be granted on invalid passport.
I am not 100% sure about my understanding here, if this is correct then what's the use of ROA? Is it just used by a British citizen who may have travelled to a country which allows dual citizenship using non British passport and now want to enter UK using same non British passport?

it is confusing.

[downlights]

Hello harshil223,

My situation is very similar to what you have had. My child is abroad and I want to get his MN1 done. The tricky question is whether to do an in-country or out-of-country application.

I understand that yours was an in-country application since you applied via NCS.

1) Was your child in the UK when you sent the MN1?

2) What if I want to do an in-country application but unable to bring child back to UK due to problem with arranging childcare?

My thoughts are, in-country application can still be done when child is absent from UK since registration of minor BC has no interviews involved. Also since July, application from outside and inside UK are sent to Liverpool anyway (though to different addresses). I imagine then, MN1 for UK born child (who is now outside UK) can be applied for within UK. I know that my child can make an out-of-country application, but my relatives back home won't be able to deal with all the paperwork, neither do we have 2 referees there.

[harshil223]

1) Was your child in the UK when you sent the MN1?

Yes

2) What if I want to do an in-country application but unable to bring child back to UK due to problem with arranging childcare?

Not sure, may be other experienced member can help

[Jambo]

My thoughts are, in-country application can still be done when child is absent from UK since registration of minor BC has no interviews involved. Also since July, application from outside and inside UK are sent to Liverpool anyway (though to different addresses). I imagine then, MN1 for UK born child (who is now outside UK) can be applied for within UK. I know that my child can make an out-of-country application, but my relatives back home won't be able to deal with all the paperwork, neither do we have 2 referees there.

I believe you are correct in your thinking.