MN1 APPLICATION SECTION 3(1)

[samrat_g]

Background: I am living in the UK since 2006, received ILR on December 2011, Citizenship application is due December 2012.

My Wife: Entered in the UK in 2008, received ILR along with me. She has been outside the UK for approximately 469 days due to pregnancy and holidays.

Son: Born in India, entered in the UK on May 2011, received ILR along with me. Till now absences from the UK approximately 90 days.

Queries:
Should I send my son’s application along with me for citizenship? I understand that there is no residency requirement for child aged below 13 years but UKBA might take my son’s absences in a negative way(considering he first entered in the UK in 2011), especially since section 3 (1) is discretionary. Any view on this. Is there any risk that my son’s application could be rejected? Should I wait till I get through my application successfully and send my son’s afterward.

Also, I understand that Section-3 (Parents absences) in MN-1 form is not applicable for application under Section 3(1). Please confirm. Should I leave the section blank while filling the form for my son?

Regarding my wife, till now she has completed 4 years in this UK (intermittently) and her 5 year period will be completed by August 2012. Any chance that my wife application is accepted with 469 days of absences? Should I wait till she completes her 5 years residency? Any success story with such a number of absences.

Thanks in advance for your help.

[Jambo]

I presume you son is 3-4 years old. I don't see any issue with the fact that he didn't live in the UK for the first 2-3 years of his life.

You can wait with his application or apply together with you. If applied together his application will depend on the outcome of your application. The only real difference if applying separately is timing. There is no difference in cost or outcome.

I presume you wife will be eligible in August 2013 (and not 2012). 469 days are fine. Upto 480 days are normally given discretion. She can also apply as a spouse of BC (once you become BC) if she meets the requirements of a spouse (3 years, 270 days etc).

Section 3 in the MN! form is not applicable to 3(1) applications.

[samrat_g]

Thanks Jambo... He is just 2 years old.. Born in October 2010, enterted in the UK in May 2011, went back to India in April 2012 for holiday and came back in July 2012 and my worry is UKBA might see his absences in a negative way.... Any thoughts

Regarding my wife, we should then wait untill completes her 5 year residency (August 2013) in the UK and then apply... By the way out of the 469 days, she was almost away for a year on one occasion due to child birth... Is the situation is going to be more complex...

[Jambo]

Thanks Jambo... He is just 2 years old.. Born in October 2010, enterted in the UK in May 2011, went back to India in April 2012 for holiday and came back in July 2012 and my worry is UKBA might see his absences in a negative way.... Any thoughts

Not an issue. Absences for such a young child are irrelevant.

Regarding my wife, we should then wait untill completes her 5 year residency (August 2013) in the UK and then apply... By the way out of the 469 days, she was almost away for a year on one occasion due to child birth... Is the situation is going to be more complex...

The long absence is not an issue as long as the total number of days is close to the threshold (as I said up to 480 days should be OK). I guess the long absence was around May 2010-May 2011 which would mean it would be better for her to apply based on 5 years rather than 3 years (as a spouse of BC).

[samrat_g]

Hi Jambo,

A further question has arisen regarding my Son's MN1 application under Section 3(1).

I have requested a Nurse from the surgery where my son is registered to act as First Referee. I am still awaiting response from the nurse but If she refuses to sign then my last resort would be to ask my colleague (who is a chartered Civil Engineer) to sign as the First Referee. Although we have been working together for few years but he hasn't met my son physically. Do you think it will be acceptable by UKBA.

Since my son is just 2 year old and because we have moved few location, no one knows him very well to give reference for his application. Also, he was born in India, that makes it more difficult.

You have mentioned in your FAQ section that

If applying under section 1(3) (child born in the UK), and you can't find a referee who knows the child in a professional capacity, just get any professional to sign. The HO are less strict on the referees especially if the child is young.

I have many friend who knows my son but not within the list of accpetable professional list.

Do you think UKBA may accept them as Referee under Section 3(1) which is discretionary.

Regards

[Jambo]

It should be fine as he is young.

[samrat_g]

Hi Jambo,

My apologies for keep coming back to you for the same issue,i.e. Referee for Naturalisation Application.

My Son's Application Under Section 3.1: As explained earlier, we moved to various places within his 2 years of age, and therefore the GP/ Nurse are not willing to act my son's Referee (we visited local surgeries only few times for vaccination ONLY). As a last resort, I have requested my Colleague who is within the list of UKBA Professional Persons to act as my son's referee and have known my son for sometime. It is obvious that my colleague is not professionally engaged with my son, unlike a Doctor/Nurse. Do you see any issue with this.

My Application(AN application):- Two referees are my ex colleague with whom I worked between 2006 and 2009. After that period we were still in touch by emails. I hope this is not an issue because they have known me for more that 3 years and satifies other requirements.

One more query about Section 7 of form MN1. There is a question which says:

[For parents applying for British citizenship at the same time as their child] I still want my child to be registered as a British citizen even if my own application for British citizenship is refused.

Since my son's application is under section 3(1) which will be dependant on my application, should I leave the question blank.

I look forrward to your assistance.

Regards

[Jambo]

The referees seem OK.

Tick the box if you wish it to happen or not (although as you said it's unlikely to happen but it is still possible as your son's application is at discretion).

[samrat_g]

Hi Jambo, My sincere apologies for keep coming back to you regarding my Naturalisation Application. As the application is approaching, I am getting worried on everything! Anyway, there has been a recent development which was totally unexpected and I am not sure it has any relation with my application.

I left a property more than a year ago and cleared all the electric bill but due to an initial mix up with the meter reading, there was an outstanding amout of £80 which I was unaware of. The forwarding address given to the service provider was my friend house. Couple of weeks back while he was moving home he found one letter from a debt company asking for the outstanding £80. I promptly contacted the service provider, and repayed the amount. Although, I havn't contacted the debt collection company, the service provider assured me that a clerance letter will be issued and a further letter confirming the debt has been recalled from the company. They also said that as soon as debt is recalled, the case will be closed and no further action will be taken by the company. But for the last couple of days, I am not feeling comfortable with the situation and thinking, even after the debt is recalled, the company could still carry with further action due to miscommincation and delays on the action of the service provider.

Sorry, I may sound a bit daft but do you see any problem at all with regards to my Naturalisation Application to be filed within two weeks through NCS.

Regards

[Jambo]

Sorry, I may sound a bit daft but do you see any problem at all with regards to my Naturalisation Application to be filed within two weeks through NCS.

No.

[samrat_g]

Jambo,

Just to let you know that my citizenship application has been approved by the UKBA. My son has also been granted the same. Thank you very much for all your comments and advise during my application process.

Regards

[samrat_g]

Hi Jambo,

One quick question about my wife's naturalisation application. As mentioned in the above post, she entered the UK in August 2008. She has been outside the UK for approximately 469 days due to pregnancy and holidays. Her present visa status is ILR.

My Naturalisation application has been approved and hope I will have the british passport soon. I know we have discussed that instead of 3 year (wife of BC) it would be better to apply based on 5 year residency, considering the number of absences.

Just wondering, if there is any chance of success if she applies based on 3 year residency with 441 days of absences. Please note that the number of absences changes slightly. Will the application be rejected straight away due to her absences based on 3 year criteria.

Please let me know your view.

Regards

[Jambo]

It is possible. It will subject to discretion. See 4.1.2.

[gabriel_alain]

Hi Jambo,

I will be applying for my son's registration/naturalisation in June under section 3(1).

Facts:
- My son was born outside the UK and is currently 4 years old
- I am an EEA National
- Both parents hold ILR as of June 2012
- Son goes to nursery in the UK

Do you know if this application is usually straightforward as it seems that we need to prove ties to the UK and that minor's future lies in the UK.

If so, what are the documents that we need to submit (in addition the the list required UKBA) to prove ties to the UK?

Thank you.

[Jambo]

Hi Jambo,

I will be applying for my son's registration/naturalisation in June under section 3(1).

Facts:
- My son was born outside the UK and is currently 4 years old
- I am an EEA National
- Both parents hold ILR as of June 2012
- Son goes to nursery in the UK

Do you know if this application is usually straightforward as it seems that we need to prove ties to the UK and that minor's future lies in the UK.

If so, what are the documents that we need to submit (in addition the the list required UKBA) to prove ties to the UK?

Thank you.

If the child was born abroad, the HO is unlikely to approve his application unless one of the parents also applied for British citizenship.

[gabriel_alain]

Hi Jambo, thank you for your reply.

Yes my wife and I will be applying simultaneously for British citizenship in June (5 years ILR + 1 year). I will apply for my son's registration/citizenship together with our own application.

My daughter was born in the UK and has British Citizenship (not sure if that proves family ties to the UK and improves odds of my son's application).

On that basis, do you know if my son's application is straightforward?

What are the additional documents that we need to provide to prove his ties to the country and that his future lies in the UK?

Thank you.

[Jambo]

Hi Jambo, thank you for your reply.

Yes my wife and I will be applying simultaneously for British citizenship in June (5 years ILR + 1 year). I will apply for my son's registration/citizenship together with our own application.

My daughter was born in the UK and has British Citizenship (not sure if that proves family ties to the UK and improves odds of my son's application).

On that basis, do you know if my son's application is straightforward?

What are the additional documents that we need to provide to prove his ties to the country and that his future lies in the UK?

Thank you.

If you are applying together, that's enough to show his future lies in the UK. There is no need to provide any additional evidence.

[samrat_g]

Hi Jambo,

It’s time now for my wife's Naturalisation application.

My son and I have got British Passport along with OCI card.

My Wife entered the UK in 2008, received ILR along with me (in 2011).

She has been outside the UK for approximately 469 days due to pregnancy and holidays.

Due to her long absences, she has decided to apply as an 'Individual Applicant' with 5 years residency requirement. Her five year tenure in this country will complete in August 2013.

I understand that UKBA generally accept absences up to 480 days, however, the Standard Requirement is 450 days.

Her application is due in August 2013, through NCS. The question is should we include a covering letter explaining the reasons for her absences and confirming that other family members have achieved British Citizenship. I was wondering if the letter would strengthen her application (considering other two family members have British Passport) but on the other hand conscious about bringing up points which are really not required for the application. Please let me know your view.

As an ‘Individual Applicant’, is it required to be employed? The applicant in question is a housewife.

Also, is it mandatory for the applicant to be in the country within one week from the date of application? I know the applicant can leave the country while her application is under process but heard somewhere about ‘one week’ rule. Please could you confirm this for me.

I look forward to your reply.
Regards

[Jambo]

Hi Jambo,

It’s time now for my wife's Naturalisation application.

My son and I have got British Passport along with OCI card.

My Wife entered the UK in 2008, received ILR along with me (in 2011).

She has been outside the UK for approximately 469 days due to pregnancy and holidays.

Due to her long absences, she has decided to apply as an 'Individual Applicant' with 5 years residency requirement. Her five year tenure in this country will complete in August 2013.

I understand that UKBA generally accept absences up to 480 days, however, the Standard Requirement is 450 days.

Her application is due in August 2013, through NCS. The question is should we include a covering letter explaining the reasons for her absences and confirming that other family members have achieved British Citizenship. I was wondering if the letter would strengthen her application (considering other two family members have British Passport) but on the other hand conscious about bringing up points which are really not required for the application. Please let me know your view.

As an ‘Individual Applicant’, is it required to be employed? The applicant in question is a housewife.

Also, is it mandatory for the applicant to be in the country within one week from the date of application? I know the applicant can leave the country while her application is under process but heard somewhere about ‘one week’ rule. Please could you confirm this for me.

I look forward to your reply.
Regards

She will be fine. She is not required to work to be elgibile. The requirement to be in the country a few days after applying has been removed last year.

If she wishes to, she can add some notes on page 13 explaining the reason for the long stay abroad. She could also add a note in the lines of "I have established my home and family in the UK. My husband and son have been grated British citizenship on xxx. I'm applying based on section 6(1) although married to a British citizen".

Even without adding any notes, I don't see her absences to cause any issue. As said, absences upto 480 days are normally allowed.

[samrat_g]

Thank Jambo for your prompt reply.

Regards

[samrat_g]

Hi Jambo,

Sorry to keep bothering you. A friend of mine told me yestesday that young children below 18 years will not be allowed to renew their British passport if they live outside UK for more than 5 years. This sounds to me a bit weird and my common sense says it can not be possible. A government can not deny his citizen to renew his passport just because they are outside the country for certain period of time.

Is there any clause which I am missing or the above is nonsensical.

Want to know your view just for the piece of mind.

Regards

[Jambo]

Hi Jambo,

Sorry to keep bothering you. A friend of mine told me yestesday that young children below 18 years will not be allowed to renew their British passport if they live outside UK for more than 5 years. This sounds to me a bit weird and my common sense says it can not be possible. A government can not deny his citizen to renew his passport just because they are outside the country for certain period of time.

Is there any clause which I am missing or the above is nonsensical.

Want to know your view just for the piece of mind.

Regards

Is he a good friend of yours?

It's nonsense.

[flakes]

Hi,

Please can someone kindly help with my question.

I have 2 kids aged 6yr and 2yr , both of them were born overseas but they both have ILR granted Sept 2012 with me. My dilemma is that I am married but my husband does not live in the UK and only visits on a visitors visa. I have only read that children can be naturalised if both parents are resident.

First child has lived here since age 1.5yr and second one arrived 1 mth after birth, I have a full time job here in London and intend to live here for the forseeable future.

Please can you advice if my kids stand any chance and if to apply with them as I plan to submit my application in September.

Thank you.

[flakes]

Hi,

Please can someone kindly help with my question.

I have 2 kids aged 6yr and 2yr , both of them were born overseas but they both have ILR granted Sept 2012 with me. My dilemma is that I am married but my husband does not live in the UK and only visits on a visitors visa. I have only read that children can be naturalised if both parents are resident.

First child has lived here since age 1.5yr and second one arrived 1 mth after birth, I have a full time job here in London and intend to live here for the forseeable future.

Please can you advice if my kids stand any chance and if to apply with them as I plan to submit my application in September.

Thank you.

Please with regards to the quote above, my question really is can I apply for my kids under section 3(1) along with my own BC application even though the father and my husband do not have ILR and does not reside in the UK. Both kids have ILR.

Thank you.

[Jambo]

Hi,

Please can someone kindly help with my question.

I have 2 kids aged 6yr and 2yr , both of them were born overseas but they both have ILR granted Sept 2012 with me. My dilemma is that I am married but my husband does not live in the UK and only visits on a visitors visa. I have only read that children can be naturalised if both parents are resident.

First child has lived here since age 1.5yr and second one arrived 1 mth after birth, I have a full time job here in London and intend to live here for the forseeable future.

Please can you advice if my kids stand any chance and if to apply with them as I plan to submit my application in September.

Thank you.

Please with regards to the quote above, my question really is can I apply for my kids under section 3(1) along with my own BC application even though the father and my husband do not have ILR and does not reside in the UK. Both kids have ILR.

Thank you.

You can always apply. The question is whether the application will be approved or not and 3(1) application are at discretion so it is different in each case.

Why is the father not present in the UK? Are you separated? The most important criterion is that the child's future should clearly be seen to lie in the UK. If one parents lives abroad, this might cast doubts that child future lies in the UK (his whole future, not just the next 5 years).