Post
by secret.simon » Wed Apr 20, 2022 11:16 am
The only MN1 applications from abroad that we have seen succeed on these forums is one where the child has an entitlement to be registered as a British citizen (generally one where they were born in the UK and then traveled abroad).
As your child was born abroad, it does not have an entitlement to registration, but its registration is at discretion. The SSHD/Home Office have laid out guidelines as to when a child born abroad can be regstered at discretion. It is expected that the child is in the UK and has ILR/ILE. Alternatively, strong compelling compassionate reasons are required to register a child under discretion.
You can choose to try your luck with registering the child directly as a British citizen on Form MN1, but if it fails, you will end up having to pay for two Form MN1s (as the refusal will not lead to a refund and you will lose the entire fees) AND an application for ILE. So, it is really your call and whether you are a gambling person.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.