Advise on Current MN1 Application

[gk777]

Hi - We just wanted a confirmation on a couple of questions in the MN1 form. We are filling the form for our 4 month old daughter.

Q1. Are you able to provide a biometric residence permit (BRP) card with this application?
We have selected the answer as No, I do not have a BRP for my most recent leave as we did not apply for any visa for her. The only doubt we have is HO expecting the parent holding ILR BRP details in this question. Please confirm.

Q2. Explain why you are unable to provide a valid form of identification.
The child is just 4 months old and has not travelled outside the UK. The UK birth certificate and parent's marriage certificate are attached in the application. Would this explanation suffice? She does not hold any passport and/or ID card.

Q3. Have you had settlement in the UK?
The answer to this is of course No as the parent is settled but not child. Please confirm.

Q4. Country of nationality
Now this is a tricky one if the child parents are Indian. Also, after going numerous threads here there is still ambiguity. Indian law says that if the child is born outside India he/she is not automatically Indian citizen by descent - needs to be registered in an Indian embassy for het to granted Indian citizenship - we started the process by submitting the online application form and a reference number has been generated but due to lockdown the embassy cancelled the registration appointment till Feb - this means that by law she is still not Indian citizen even though the process is started. Do we mention Indian in the country of Nationality or Officially Stateless. We are going ahead with Officially stateless. We understand that either ways it will not impact the outcome as the child is entitled for the BC. And also they would not ask the evidence either ways. Please confirm.

[talreh20]

Q1: No. Home office is not expecting parents BRP Details. In response to this question, your answer is correct. its "NO". However you would be required to provide the parent's ILR.
Q2: Sufficient explanation
Q3: Answer is "NO"
Q4: Child automatically gets parents nationality no matter if the child is registered with the embassy or not. The answer is Indian. She is not stateless. My two daughters were born in the UK and both children had no Pakistani registrations for almost 2 years and once I got my ILR two years after their birth, we applied for their MN1, answered Pakistani as nationality. After they got British registrations, we applied for their Pakistani nationalities.

[gk777]

Thanks for your help. Indian law states that a minor born to Indian parents outside India does not get Indian citizenship by descent until the birth is registered at an Indian consulate within one year of the date of birth. Pakistan law is clearly different where the new born gets pakistani citizenship automatically by descent. So the nationality answer should be stateless if Indian parents and not registered at embassy and pakistan if born to pakistani parents.

[talreh20]

As you mentioned your daughter is 4 months old and as per the Indian law, she’ll be stateless after one year is elapsed. So if i was in your shoes I would have answered Indian. But i think no matter what you answer, it is not going to change the outcome of the application as the main requirement is to have ILr By one of the parents and baby is born in the uk. You can wait for other members to reply.

[gk777]

Hi - We are in the process of submitting MN1 application of our child after receiving the ILR approval. The approval email came on 6th Jan but the BPR is delayed - looking at some forums it might be significantly delayed to some technical issues. To avoid any delays to the child citizenship application, we are thinking of submitting it with HOME OFFICE ILR approval email as the proof for below. Would it suffice?

If Miss xx told us that their parent is settled in the UK then you must provide us evidence of
their settled status. This could include a BRP, a letter from the Home Office, an endorsement in their passport or another document certifying permanent residence.

[alterhase58]

Hi - We are in the process of submitting MN1 application of our child after receiving the ILR approval. The approval email came on 6th Jan but the BPR is delayed - looking at some forums it might be significantly delayed to some technical issues. To avoid any delays to the child citizenship application, we are thinking of submitting it with HOME OFFICE ILR approval email as the proof for below. Would it suffice?

If Miss xx told us that their parent is settled in the UK then you must provide us evidence of
their settled status. This could include a BRP, a letter from the Home Office, an endorsement in their passport or another document certifying permanent residence.

The wording gives a choice of documents so your UKVI ILR approval letter should be fine.

[gk777]

Hi - We are in the process of submitting MN1 application of our child after receiving the ILR approval. The approval email came on 6th Jan but the BPR is delayed - looking at some forums it might be significantly delayed to some technical issues. To avoid any delays to the child citizenship application, we are thinking of submitting it with HOME OFFICE ILR approval email as the proof for below. Would it suffice?

If Miss xx told us that their parent is settled in the UK then you must provide us evidence of
their settled status. This could include a BRP, a letter from the Home Office, an endorsement in their passport or another document certifying permanent residence.

The wording gives a choice of documents so your UKVI ILR approval letter should be fine.

Thank you. So in this case UKVI will confirm settlement status using the referenceon the ILR approval email?

Can the other admins also share their opinion on this please? We raised the BRP delay issue but it seems they will take another 20 working days to get back.

[CULLINAN]

Hi - We are in the process of submitting MN1 application of our child after receiving the ILR approval. The approval email came on 6th Jan but the BPR is delayed - looking at some forums it might be significantly delayed to some technical issues. To avoid any delays to the child citizenship application, we are thinking of submitting it with HOME OFFICE ILR approval email as the proof for below. Would it suffice?

If Miss xx told us that their parent is settled in the UK then you must provide us evidence of
their settled status. This could include a BRP, a letter from the Home Office, an endorsement in their passport or another document certifying permanent residence.

The wording gives a choice of documents so your UKVI ILR approval letter should be fine.

@alterhase58

Dont you think ILR approval letter alone is not enough? The letter says it is not a proof for immigration status? BRP is the proof of immigration status.
A letter from Home Office would probably suffice someone having settled status via EU settlement scheme etc and who does not have a PR card?

[gk777]

We called the nationality enquiries helpline. They said its okay to apply with the ILR letter and mentioning in the cover letter that the BRP has been delayed.

[alterhase58]

Dont you think ILR approval letter alone is not enough? The letter says it is not a proof for immigration status? BRP is the proof of immigration status.
A letter from Home Office would probably suffice someone having settled status via EU settlement scheme etc and who does not have a PR card?

Didn't realise the letter say it's "not proof" - guidance is then wooley "a letter from the Home Office".

[CULLINAN]

We called the nationality enquiries helpline. They said its okay to apply with the ILR letter and mentioning in the cover letter that the BRP has been delayed.

ILR letter says this is not proof for immigration status. Does your letter state that? At least mine did. You should wait till you get ILR-BRP. If I am not wrong you have to input the ILR BRP number in the application form also??

[gk777]

We called the nationality enquiries helpline. They said its okay to apply with the ILR letter and mentioning in the cover letter that the BRP has been delayed.

ILR letter says this is not proof for immigration status. Does your letter state that? At least mine did. You should wait till you get ILR-BRP. If I am not wrong you have to input the ILR BRP number in the application form also??

Given the technical delays it might be weeks till the BRP is dispatched. Thus, will significantly delay the overall process - and delay our travel as well. The ILR letter contains the UKVI reference number so the home office would be able to check the status. In addition, we provide the dob, nationality etc in the application form. HO should be able to check the details based on this - isnt it? The lady at the nationality helpline today also told us to go ahead and mention it in the cover letter. Worse case if they indeed do require the brp I assume we would be asked for further documentation instead of rejecting it. A chold born in the uk is entitled for citizenship when one parent gets ILR.

The application form does not require the BRP number.

[CULLINAN]

Just apply then. Biometrics appointments are running at a 28 day lag also. Probably you will get your BRP by then and can upload before biometrics appointment or HO may request it later.

[gk777]

Just apply then. Biometrics appointments are running at a 28 day lag also. Probably you will get your BRP by then and can upload before biometrics appointment or HO may request it later.

Applied this morning and got paid biometric appointment for this sunday - tempting enough. New appointments including free ones are added intraday not at midnight. I could see free appointments for croydon landsdown for next thursday and friday. I guess checking 4/5 during the day is enough to get a biometric appointment within next 7 days.

[gk777]

Hi – We recently (15th Jan) applied for citizenship registration of our 5 months old daughter. She does not hold any passport at the moment. Unfortunately, due to some urgent family sickness we would need to travel. We understand MN1 application might take months – thus, we are looking for options to expedite.

1. The assumption is we cannot apply for a visa for our daughter in parallel to the MN1 application. Please confirm.

The options left with us if 1) is not possible are -

2. Raise an escalation with Home Office attaching letter from the doctor/hospital
3. Ask Home office to cancel the current MN1 application and in turn submit a new application for our daughter as ILR dependent or Tier 2 dependent (my partner is Tier 2). I was not able to find which application form is relevant for ILR dependent child born in the UK and if fast track application is open for it. Can you please provide more clarity? Definitely, fast track is open for Tier 2 Dependent.

[gk777]

Hi – We recently (15th Jan) applied for citizenship registration of our 5 months old daughter. She does not hold any passport at the moment. Unfortunately, due to some urgent family sickness we would need to travel. We understand MN1 application might take months – thus, we are looking for options to expedite.

1. The assumption is we cannot apply for a visa for our daughter in parallel to the MN1 application. Please confirm.

The options left with us if 1) is not possible are -

2. Raise an escalation with Home Office attaching letter from the doctor/hospital
3. Ask Home office to cancel the current MN1 application and in turn submit a new application for our daughter as ILR dependent or Tier 2 dependent (my partner is Tier 2). I was not able to find which application form is relevant for ILR dependent child born in the UK and if fast track application is open for it. Can you please provide more clarity? Definitely, fast track is open for Tier 2 Dependent.

Hi - Can someone please provide their feedback/point of view on the above query?