MN1 application and parents residency

[Diana15]

Have applied for registering my daughter as a British citizen by MN1 form section 1(3). Application was based on my husband because only he has document certifying permanent residence. Today received the letter from Home Office where they ask to provide mother's (my) residency in the UK for a continuous 5 year period and evidence that I got exercised treaty rights for a 5 years period.
I was sure that only with one parents residency is enough. What do you think?

[Obie]

You understanding is very correct as to the law. I smell that they are seeking to cause problems.

[jimbulik]

Hi,

when did you apply?

I am interested in knowing how long it took them to come back to you and ask this question.

Regards

[Diana15]

I have applied on 11th February through nationality checking service.

[vinny]

Agree with Obie.

[Diana15]

I can't provide information they ask. so don't know what to do...

[Obie]

The way I see it. There is no lawful justification for refusal.

If they were to refuse it will clearly be unlawful as the evidence provided is sufficient to evidence eligibility.

[LilyLalilu]

I wonder if it's just the case of a confused/new caseworker?!
Just write them a letter highlighting that the law only requires one parent to be settled and that you provided your DCPR as evidence of settlement with your application.
I can't see how or why they should refuse your application just because you cannot provide evidence of both parents' activity. As long as one parent is settled your child has an entitlement to be registered as long as the statutory requirements are met.

[Diana15]

I will definitely write them. Should I write by post or email better? They waiting for evidence by 30th March.

[Diana15]

By the way, when my husband received his document certifying permanent residence, there was information about child born to him in uk.

[Diana15]

But what about this?

GUIDE MN1,page 9 :
Entitlement to registration as a British citizen
Children born in the UK – Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the
UK (see page 6) will have an entitlement to register when their parents become settled
in the UK or become British citizens.

[vinny]

The 's' in 'parents' is wrong and misleading, as it does not correctly reflect the legislation.

[Obie]

The 's' in 'parents' is wrong and misleading, as it does not correctly reflect the legislation.

Well section 1 (3), does not even have parents. It states mother or father, therefore I will go as far as to say it is a total misrepresentation.

[vinny]

Agree.

The meaning of "father" and "mother" and "parent" are defined in Section 50(9), (9A), (9B), (9C) and Chapter 6: information about applications for British citizenship > Annex F: explanation of terms > 24. Meaning of "parent".

My guess is that the MN1 Guide misrepresented

father or mother

to mean "father and mother". This is logically false.

Hence, the Guide's use of "parents" instead of "parent" is incorrect.

It's correct in the nationality instructions:

8.1.1.1 c. while they are minors, either parent becomes a British citizen or becomes settled in the United Kingdom; and

[Diana15]

Today is excazly 20 working days since I sent email to home office... And still no respond...

[Obie]

I gathered that they are now refusing in circumstances where both parents are not settled, but this clearly not the law.

[Diana15]

I gathered that they are now refusing in circumstances where both parents are not settled, but this clearly not the law.

You think they will refuse the application? if they will do, it's mean they don't follow the nationality instructions...

[O_Relly]

Hmm this is a bit concerning. I had the same question on the use of parents instead of either parent here (click) and have also submitted my little one's MN1 application on this basis.

Hope you hear a positive response from the HO.

[Diana15]

Hmm this is a bit concerning. I had the same question on the use of parents instead of either parent here (click) and have also submitted my little one's MN1 application on this basis.

Hope you hear a positive response from the HO.

Did your child receive citizenship?

[O_Relly]

Hmm this is a bit concerning. I had the same question on the use of parents instead of either parent here (click) and have also submitted my little one's MN1 application on this basis.

Hope you hear a positive response from the HO.

Did your child receive citizenship?

Not yet, submitted application via NCS on the 9th of March and waiting. When did you submit your original application? Was it postal or via NCS ?

[Diana15]

Hmm this is a bit concerning. I had the same question on the use of parents instead of either parent here (click) and have also submitted my little one's MN1 application on this basis.

Hope you hear a positive response from the HO.

Did your child receive citizenship?

Not yet, submitted application via NCS on the 9th of March and waiting. When did you submit your original application? Was it postal or via NCS ?

I used NCS too on 11th February...

[amahmed81]

Hi Diana15,

Did you receive any reply regarding your child application?

Thanks,
Ahmed

[Diana15]

Hi Diana15,

Did you receive any reply regarding your child application?

Thanks,
Ahmed

Hi.

No, still waiting. As soon I will receive any answer, I will write here.

Did you applied for mn1 as well?

[Richard W]

If it's any reassurance, a successful registration based on one parent having gained ILR was reported yesterday - Topic Joint MN1/UK Passport application Question.

[O_Relly]

Thanks RichardW for the post.

Update on my case is that the registration certificate came through last week. Will update the timeline thread later on.