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For an MN1 there are no residence requirements (as I stated). It's just a general expectation and I believe it may be taken into consideration. Just to clarify this, the child is not specifically required to be in the UK while the application is submitted, and there are cases on this forum where applications have succeeded even though the child was not. Also there is not a specific expectation that the child will live in the UK in the future (such as for adults). But I do believe it is expected that the child will be present. I was not certain that you could apply for MN1 application under 1(3) from outside the UK and said as much. I do recall advising someone long ago to try (from Canada) as, technically speaking, their child did qualify even though they had left the UK and subsequently lost their ILR. I can't find that post now, but I wonder how that turned out...Jambo wrote:I'm sorry to say but the previous post is full of mistakes.
Your children are entitled to register as British citizens. There are no residence requirements whatsoever. You will need to send the application to the UK for processing. VFS are not involved. You can send photocopy of your passport. See the FAQ (link below) and read the form guide.
From this list, it sounds as if you want the application decision based on your wife's details, in which case this is all fine, though I personally would only send original documents. According to this document, and this forum link here, you will need to send along the children's original passports as well. It is recommended, though not necessary that you send along your marriage certificate (I would do this, and for our child we did).Smkuk wrote:thankyou very much gurus.
I got much clear picture how to make application now,
but still i am confuse, as I am also in India with family.
how we can make application from inida.
* If we fill the form MN1 then
* photos of my two child's
* mN1 fees
* attached birth certificate full original
* and colour copy of my passport (british passport)
* and colour copy wife passport (indian {Passport) with settlement card
I couldn't find any more details on this nor could I dig up an old post where I made a similar recommendations. Barring any specific written guidance or rule, I guess just send it straight from India and it should be ok.Smkuk wrote:is the above doc ok or anything else needed to apply direct to UKVI in liverpool with courier from india.
You don't actually have to send your British passport, or even the photocopy, at all. The key points for 1(3) are that the children were born in the UK, and that one of the parents later became settled in the UK (ILR) (although citizenship counts as well). The application is based on only one parents circumstances. The reason I suggest sending your British passport along, or a photocopy thereof, is that this application is still an application by discretion and you want as much presented in your favor as possible. The young children of a British Citizen, who have lived most of their lives in the UK anyway (keeping in mind, before anybody jumps on me, that there are no residency requirement for the children), are extremely likely to quickly have their application approved. Even if you weren't a British citizen, the application is very likely to succeed anyway without any problem. But having that extra bit of detail included for consideration sort of cements the matter.Smkuk wrote:* Please suggest do I need to send original British passport or wife's Indian passport ?
I just see MN1 and automatically think discretion. I stand corrected.ban.s wrote:Registration as a British citizen under 1(3) is an entitlement not discretion.
All of the guidance I find say that you must specifically send the children's original passports. As far as the other passports, Jambo above states fairly confidently that you can just send photocopies of the other passports. I can find no guidance to verify or refute this. If you send any passports, get the package insured.Smkuk wrote: * Can I send all photo copies of children's passport and wife's passports (ILR card) & MY BRITISH Passport or I have to send originals.
I dont want to send originals as it takes more time in UK to process (in rare cases Home office if they lost passports then they cannot travel as well)
When they are finished with them, they send them back. No specific times are set for this.Smkuk wrote: * as if we submit all original passports of my wife (ILR card) and children's passports (were FLM visa expired)
to UKVI in liverpool.
how and when they send us back our originals.
Not that I'm aware of.Smkuk wrote:Is there not any check and send service from india like VFS ?