MN1 Section 3(1) Residence Requirement & date of Arrival.

[trek]

Hi Moderators/Users,

I looked though other topics but did not find the specific answers I was looking for. Query details as below.
I am in process of applying citizenship for my son under Section 3(1).
My son is aged under 10 , has ILR since 2015. I am British by naturalization since Feb 2017 .

Situation of my son:
22.03.2010 - first entry in UK on Tier 2 ict.
23.10.2010 - Left UK
27.04.2011 - Landed First time in UK (on Tier 1 Dependent visa- visa change)
06.03.2012 - Left UK with Mother. (stayed in uk for 315 days)
<Outside uk for 275 days>
07.12.2012 - Landed Back in UK (sameTier 1visa) with intention to Stay Long term (since then staying in uk)
09.11.2017 - Planning to apply for Citizenship (since 7th Dec 2012 - Duration is 4 years 11 months and 3 days)


I have 4 questions:
Question 1. Is there any residence requirement for child applying under Section 3(1)? Nothing mentioned clearly anywhere . Also checked following link page 16
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

Question 2: Residence Requirement - First date of Arrival in MN1 form Should I put 07.12.2012 or 27.03.2011 based on son's situation stated above.
Note: In AN form page 7 the definition of first date of arrival is "Enter the day you first arrived with a view to staying in the UK on a long-term basis". But there is no such clear definition in MN1 form guide page 20..

Question 3: Address details I think is dependent on date of arrival , so should I put all address since 2011 or since Dec 2012. If the date of entry is from 2011, is there a problem of gap of 275 days in yr 2012.

Question 4: Absence Periods: Do I need to fill in for 3 years or 5 years or based on the arrival date ? Other sections like 3(5) etc. clearly state 3 years .. but 3(1) does not say anything clear.

Thanks & Regards,
Trek

[CR001]

1. No there is not. Older children (teenagers) are expected to have at least 2 years residence and ILR.

2. 2010 when he first entered the UK as a PBS dependent.

3. No issue re absence. Simply list all addresses.

4. You need to list the absences as the form requires.

[trek]

Hi CR001,

Thanks for your reply , I have few queries on your response.

1. No there is not. Older children (teenagers) are expected to have at least 2 years residence and ILR.

2. 2010 when he first entered the UK as a PBS dependent.

3. No issue re absence. Simply list all addresses.

4. You need to list the absences as the form requires.

Especially considering that there is a rule which says ..exactly on the day ..3 yrs or 5 years back) the applicant should be in uk physically. I am not sure whether it applies to child below 10 (mn1) or not?
Because of the above I was looking to find whether there is a 2/3/5 yr rule or not.

My queries are below.

On point 2 : Wouldn't this be based on new visa type (tier 1) date i.e. 2011. Ilr was based on that (2 yr rule - visas stamped before july 2012).

On point 3: List all address for 5 years right ? (heading on top says 5 or less years). In case of my son the 5 years complete on 9th Nov 2012 from today. But he was not in UK during that time and was only back on 7th Dec 2012. And hence he has no address for that period in UK since he was outside since march 2012.
What to do in this case ?

On point 4: There is no issue on entering absence since 7th Dec 2012 to 2017 (max 66 days absence). But issue is how to enter the detail for period 9th Nov 2012 - 6th Dec 2012 (Not in uk since Mar 2012). Will there be issue due to absence (30 days) which fall under the 275 days outside uk. Considering the start date (departure) and end date (arrival) need to be entered on the absence table.

Please confirm.

Thanks.
Trek

[CR001]

Especially considering that there is a rule which says ..exactly on the day ..3 yrs or 5 years back) the applicant should be in uk physically. I am not sure whether it applies to child below 10 (mn1) or not?
Because of the above I was looking to find whether there is a 2/3/5 yr rule or not.

This section does not apply to you (section 3(5) and 3(2) applications).

My queries are below.

On point 2 : Wouldn't this be based on new visa type (tier 1) date i.e. 2011. Ilr was based on that (2 yr rule - visas stamped before july 2012).

It will not harm the application if you put 2010. If you wish to put another date, then do so. HO will write to you if they want more info or clarity.

On point 3: List all address for 5 years right ? (heading on top says 5 or less years). In case of my son the 5 years complete on 9th Nov 2012 from today. But he was not in UK during that time and was only back on 7th Dec 2012. And hence he has no address for that period in UK since he was outside since march 2012.
What to do in this case ?

Again, writing addresses from overseas is not an issue. Write for 5 years then.

On point 4: There is no issue on entering absence since 7th Dec 2012 to 2017 (max 66 days absence). But issue is how to enter the detail for period 9th Nov 2012 - 6th Dec 2012 (Not in uk since Mar 2012). Will there be issue due to absence (30 days) which fall under the 275 days outside uk. Considering the start date (departure) and end date (arrival) need to be entered on the absence table.

There is no absence limit as such for children.