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Residence requirement for over 13 years ILR dependant (1(3))

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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mk357
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Joined: Sat Nov 27, 2010 6:54 pm

Residence requirement for over 13 years ILR dependant (1(3))

Post by mk357 » Thu Aug 11, 2011 1:53 pm

Hi everyone,
I want to know whether there is any Residence requirement, as mentioned in Section 2 (2.1 to 2.4) of the MN1 Form when applying under Section 1(3) of the Act for a dependeant of an ILR. The dependant, now over 14 years old, was born here when the main applicant was on a student visa but now has ILR.

vinny
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Post by vinny » Thu Aug 11, 2011 2:09 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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mk357
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Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Post by mk357 » Thu Aug 11, 2011 3:41 pm

vinny wrote:No residential requirements, if under 18.
Thanks Vinny. I already had read the post but there is one other post on this forum, which says that the residence condition does not apply to children under 13 years, so I assumed that it would be to children over 13 years old. So should we leave Section 2 of the Form MN1 blank for dependant applying under Section 1(3) of the Nationality Act?

Jambo
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Post by Jambo » Thu Aug 11, 2011 3:51 pm

There is a difference if this is registration by discretion or entitlement. There is no residence requirement for registration under section 1(3) (entitlement).
You can cross out section 2.

mk357
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Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Post by mk357 » Thu Aug 11, 2011 10:52 pm

Jambo wrote:There is a difference if this is registration by discretion or entitlement. There is no residence requirement for registration under section 1(3) (entitlement).
You can cross out section 2.
Thanks Jambo and Vinny. Section 1(3) is by entitlement so there shouldn't be any residence requirement.

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