what form for child registration MN1 or S2/S3

[John]

My question is here shall i use form MN1 or S2, S3 (Stateless) as both kids not registered at any embassy of their parents homeland.

Not sure why you think that makes them stateless.

Please name the nationalities of the two parents of the born-in-the-UK children.

[Insomnia]

My question is here shall i use form MN1 or S2, S3 (Stateless) as both kids not registered at any embassy of their parents homeland.

Not sure why you think that makes them stateless.

Please name the nationalities of the two parents of the born-in-the-UK children.

Father is from Pakistan and Mother from Mongolia.. I am not sure the idea of Stateless... May be it means if parents are stateless then kids must be stateless or kids inherit parents nationalities automatically.
But here in my case what shall i mention Pakistani because i am the one who got ILR at the moment. mother need to wait longer to sort her status out. please help me out.

[John]

A quick look on the internet seems to show that the born-in-the-UK children have not inherited Mongolian citizenship from their mother. What I have read indicates that in respect of children born outside Mongolia it is necessary for both parents to be Mongolian in order for their children to inherit Mongolian citizenship.

As regards the Pakistani father, as long as that father was born in Pakistan, their children are Pakistani from birth, even if those children are born outside Pakistan.

But please do your own research to confirm the above.

So if indeed the children have Pakistan citizenship, obviously that is what to enter on the forms MN1. It is not necessary to obtain passports from Pakistan, not as regards the MN1 applications. Of course, in due course if the children are to visit Pakistan, it might be a good idea to get them Pakistani passports. Neither the UK nor Pakistan have any problem with dual citizenship.

[Insomnia]

A quick look on the internet seems to show that the born-in-the-UK children have not inherited Mongolian citizenship from their mother. What I have read indicates that in respect of children born outside Mongolia it is necessary for both parents to be Mongolian in order for their children to inherit Mongolian citizenship.

As regards the Pakistani father, as long as that father was born in Pakistan, their children are Pakistani from birth, even if those children are born outside Pakistan.

But please do your own research to confirm the above.

So if indeed the children have Pakistan citizenship, obviously that is what to enter on the forms MN1. It is not necessary to obtain passports from Pakistan, not as regards the MN1 applications. Of course, in due course if the children are to visit Pakistan, it might be a good idea to get them Pakistani passports. Neither the UK nor Pakistan have any problem with dual citizenship.

Thanks John. really appreciate your research. The same i found for Pakistani Nationals by descent as i born in Pakistan. Do they ask for anything from Mother as she does not have status yet in the UK.
Only my passport and BRP(ILR) and their Birth certificates would be enough for the procedure MN1?
Please answer in this matter too. Thanks

[John]

Hi, as you confirm you were born in Pakistan, your born-in-the-UK children have Pakistani nationality, so that gets entered on to the form MN!.

Suggest you download a copy of the form MN1 and have a good look at that.

[Mata]

Well not just for the form MN1 ! Simply what is their nationality?

Needless to say I have no knowledge of the nationality laws of Malawi and Jamaica, but you need to check whether nationality of those countries has been inherited from the relevant parent. However a quick look on the internet seems to confirm that the child has the citizenship of both Malawi and Jamaica, so if your own research confirms that, enter the names of those two countries in section 1.9 of the form MN1.

Does the English law of domicile applies to immigration matters? Under the common law, a married woman was deemed to have the same domicile as her husband. So, the domicile of origin of the children of the marriage was the same as that of their father and the time of birth. Children gained their mother's domicile if their father predeceased or they were born outside marriage.

The rules dealing with the domicile of minors are now dealt with by the Domicile and Matrimonial Proceedings Act 1973. The Act abolishes the wife’s dependent domicile. According to the Act, a minor can acquire independent domicile once they reach the age of 16. For dependent domicile, where a child has a home with its mother and no home with its father, the child’s domicile is dependent on and follows that of its mother.

Then, I was reading on the HMRC webiste, where it states that a legitimate child’s domicile changes with the domicile of its father and the domicile of an illegitimate child changes with that of its mother. For legitimated children a child born outside marriage takes the domicile of its father as a domicile of dependence from the date of its parents’ marriage: http://www.hmrc.gov.uk/manuals/rdrmmanual/rdrm22210.htm

Whether these can be applied in immigration context, I really don't know. If we assume they apply, then if the child is legitimate, s/he would carry the father's nationality. If the child is illegitimate, then s/he will carry the mother's nationality. If the child's nationality (or lack thereof) is irrelevant for section 1(3), then I would think the safer way is to take JAJ words and fill that section 1.9 as "None or not yet registered" then provide more explanation in that page which ask for further information if any.

I wonder why the UK would bother want to know what Mongolia's conflict of law says whilst the UK has its own conflict of laws which it can apply in a particular case. But only if the law of domicile applies to immigration matter. Because what would happen if the UK wants to deport a family with a child born in the UK where the parents have different nationalities?

[John]

Does the English law of domicile applies to immigration matters?

No!

If only it was that simple! Wait a minute, domicile law is not simple at all.

[Insomnia]

Hi, as you confirm you were born in Pakistan, your born-in-the-UK children have Pakistani nationality, so that gets entered on to the form MN!.

Suggest you download a copy of the form MN1 and have a good look at that.

Hi, For the Referee ,I have a friend Solicitor. Can he be their referee (professional ). And for both kids same persons can be referees. 1 British over 25 years and 2nd a professional british citizen. Please help me in this matter too.

[John]

No problem the same referees signing two of more different forms.

[ZARA2122]

Hi There

Can any one help me with my question, I have baby born in End of November and my husband got ILR in first week on December. now I want to apply for a British passport for my baby I know I need to application under MN1(3), can any one let me know how long it will take to approve and then if I apply for British passport, how long the passport procedure take now a days.

Thanks

[Insomnia]

Hi there

One of my friend got her ILR on SET(LR) recently. Her son born here in UK but he stayed here only 8-9 months . Rest of 3 years of his life he stayed outside the UK with his Grandmother. Is it possible to apply his MN1 inside UK as they asked in the form all his residance history. Please help me out in this matter. Thanks