MN1 Application for child born abroad

[Safina000]

Hi All

I hope everyone is doing well.

It would be really helpful is someone can put me to the right direction regarding MN1 application for child born abroad.

My question is.....
My brother is born abroad, he obtain his British passport through my father’s British nationality. (British by descent i think thats what they call it). He has a daughter who is 1 Year old born and live abroad with her mother. He wants to know if he can apply for her to come to UK, what would be the best option for him. Can she get British nationality or passport to travel to UK. He has lived here since 2002. He didn’t want to put application through and get refusal coz that would be just waste of money and time of HO.

Thank you in advance guys. I hope someone can help.

[secret.simon]

When did your father get British citizenship? Was your brother born before or after your father acquired British citizenship? Was your brother born in the UK or abroad?

[Safina000]

Hi,

Thank you for your reply.

My father got his nationality 1980 that was way before my brother was born. My brother was born in pakistan and we all received our British passport in 1999 to came to UK in 2002. His daughter was born in 2018.

[secret.simon]

Under the circumstances you described, your brother's daughter would be entitled to be registered under Section 3(2) using Form MN1, provided you can gather the following proof
a) Proof that your father was a British citizen otherwise than by descent at the time of the birth of your brother (your father's registration or naturalisation certificate).
b) Proof that your brother was a British citizen by descent (his birth certificate).
c) Proof that your brother lived for any three continuous years in the UK before the birth of his daughter (salary slips/P60s would be ideal if he has worked in the UK, but otherwise any government issued dcoumentation, such as DWP or HMRC letters addressed to him, etc)

Keep in mind that your brother's daughter would also be a British citizen by descent and that her children would not be able to register as British citizens if they are born outside the UK (because one of the requirements is that the grandparent-in this case, your brother-is a British citizen otherwise than by descent).

[Safina000]

Thanks alot for your reply. I really appreciate the time you taken to explain this in more details.

1. I have my father’s naturalisation certificate (original - even though its really creased and u can hardly tell the dates lol)
2. My brother has his first passport he received, in regards to his birth certificate it’s pakistani translated in English as he was born there. Does that make any difference???
3. He has never claimed any benefits, he worked cash in hand before his daughter was born but employer is agree to provide a letter of employment. Would that be enough or does it have to be p45,p60 etc.
4. Do we have to do this application online and upload the evidence or can this be done by post???

Sorry for asking too many questions. Thanks again

[secret.simon]

1. I have my father’s naturalisation certificate (original - even though its really creased and u can hardly tell the dates lol)
2. My brother has his first passport he received, in regards to his birth certificate it’s pakistani translated in English as he was born there. Does that make any difference???

1 and 2 are fine. As mentioned earlier, if the daughter continues the family tradition of giving birth abroad, their child (your brother's grandchild) will not be able to be registered as a British citizen.

4. Do we have to do this application online and upload the evidence or can this be done by post???

Online.

3. He has never claimed any benefits, he worked cash in hand before his daughter was born but employer is agree to provide a letter of employment. Would that be enough or does it have to be p45,p60 etc.

This may cause an issue. I think the Home Office will expect some verifiable documentation (P45/P60s can be verified against the HMRC records, etc). Is there any other three year period that your brother has proof of residing in the UK that can be verified by access to government records (HMRC, DWP, etc)?