MN1 and British Citizenship

[ethannicholas]

My husband is Italian and has been living and working in the UK since September of 2010.

He has just received his permanent residency card, and we would like to apply for citizenship for our son, who was born in October 2014 in the UK. We will submit the following:

MN1 Application
Application Form
Fee
Referees
Child's Birth Certificate
Child's Italian Passport
Marriage Certificate
Husband's Permanent Residency Card - is this necessary?
Husband's Passport - is this necessary?
My Passport - is this necessary?

British Citizenship Application
Application Form
Fee
Photos
Child Birth Certificate
Child's Italian Passport
Husband's Permanent Residency Card and letter from employer stating dates of employment and P60s/payslips

What is the current processing time to register as a British citizenship and receive passport?

And if I am missing any documentation, please let me know!

Thank you

[CR001]

My husband is Italian and has been living and working in the UK since September of 2010.

He has just received his permanent residency card, and we would like to apply for citizenship for our son, who was born in October 2014 in the UK. We will submit the following:

MN1 Application
Application Form
Fee
Referees
Child's Birth Certificate
Child's Italian Passport
Marriage Certificate
Husband's Permanent Residency Card - is this necessary? Yes, it is necessary
Husband's Passport - is this necessary? Yes it is necessary
My Passport - is this necessary? Possibly. What is your immigration status in the UK?

British Citizenship Application Is this section for your husband or have you just duplicated the above?
Application Form
Fee
Photos
Child Birth Certificate
Child's Italian Passport
Husband's Permanent Residency Card and letter from employer stating dates of employment and P60s/payslips

What is the current processing time to register as a British citizenship and receive passport?

And if I am missing any documentation, please let me know!

Thank you

Use NCS at your local council to submit, you then get to keep all the original documents. You can also ask if they do the JCAP scheme where you apply for MN1 and the passport jointly.

Current timelines are anything between a couple of months and up to 8 months, it varies.

[ethannicholas]

Thank you, Char, for your helpful response.

In regards to the below, this is what we plan to submit when we apply for our son's British passport. My husband and I will not be applying for citizenship until next year. I assume that sending in his permanent residency card is not sufficient to prove that he has met the 5 year rule, and that sending in an employer letter and P60s/payslips from the last 5 years is necessary as well? Could you please clarify? Thank you.

British Citizenship Application Is this section for your husband or have you just duplicated the above?
Application Form
Fee
Photos
Child Birth Certificate
Child's Italian Passport
Husband's Permanent Residency Card and letter from employer stating dates of employment and P60s/payslips

[ohara]

This is a bit confusing. What are you applying for, and for who?

You cannot apply for a British passport unless your child is a British citizen (although it is possible to apply for citizenship and passport at the same time).

If you are applying to register a child who was born in the UK to non-settled parents, you don't need to send payslips or P60's. The child automatically becomes entitled to registration as soon as one of the parents becomes settled, so sending the father's PR card is sufficient.

I'm not sure what you mean by the "5 year rule" but I suspect you are confusing this situation with one where non-British, settled parents are applying for a passport for their UK born, British child, in which case it is necessary to show proof of 5 years exercising treaty rights PRIOR to the birth.

[noajthan]

Thank you, Char, for your helpful response.

In regards to the below, this is what we plan to submit when we apply for our son's British passport. My husband and I will not be applying for citizenship until next year. I assume that sending in his permanent residency card is not sufficient to prove that he has met the 5 year rule, and that sending in an employer letter and P60s/payslips from the last 5 years is necessary as well? Could you please clarify? Thank you.

...

What you have labelled as British Citizenship Application appears to relate to the child's subsequent passport application.
(It cannot relate to a parent as you say parents are not applying for privilege of citizenship until next year).

A passport is just travel document; it is the initial registration that confers citizenship.
The MN1 (Registration) application is for citizenship.

If child has been naturalised then submit registration certificate in child's passport application.
No need to prove parent was settled as the registration document proves child is British (not parent's PR details).

[ethannicholas]

If you are applying to register a child who was born in the UK to non-settled parents, you don't need to send payslips or P60's. The child automatically becomes entitled to registration as soon as one of the parents becomes settled, so sending the father's PR card is sufficient.

I'm not sure what you mean by the "5 year rule" but I suspect you are confusing this situation with one where non-British, settled parents are applying for a passport for their UK born, British child, in which case it is necessary to show proof of 5 years exercising treaty rights PRIOR to the birth.

I'm sorry everyone, I am so confused as to what to send and when. Our goal is to get a British passport for our son, who was born in October 2014. My EU husband came to live and work in the UK in September 2010, and has been living here continuously since. He has just received his permanent residency card. From what I can gather, we have to fill out form MN1 for our son, and then apply for his passport. By using an NCS center, I believe we can pay to do both processes at the same time?

For our child's passport, I have referred to the below:
https://www.gov.uk/government/uploads/s ... idance.pdf

Table B states that we need to provide:
A passport / document showing a UK Residence Card or Registration Certificate issued five years before the child’s birth and a letter confirming that the parent(s) were not receiving benefits during that period; • A statement from HM Revenues & Customs showing yearly totals of credited National Insurance between the relevant dates; • A statement from HM Revenues & Customs confirming tax returns between the relevant dates; • A letter from an employer and documents showing evidence of employment between the relevant dates e.g. P60's / payslips

Since my husband's residence card was just issued, and not issued five years before the child's birth, I assume we have to send in payslips and P60s for the past 5 years as well, in addition to his PR card?

Can someone please explain the steps we need to take to secure a British passport for him, and the documentation that we need to submit for form MN1 and then for the passport application?

Thank you!

[noajthan]

If you are applying to register a child who was born in the UK to non-settled parents, you don't need to send payslips or P60's. The child automatically becomes entitled to registration as soon as one of the parents becomes settled, so sending the father's PR card is sufficient.

I'm not sure what you mean by the "5 year rule" but I suspect you are confusing this situation with one where non-British, settled parents are applying for a passport for their UK born, British child, in which case it is necessary to show proof of 5 years exercising treaty rights PRIOR to the birth.

I'm sorry everyone, I am so confused as to what to send and when. Our goal is to get a British passport for our son, who was born in October 2014. My EU husband came to live and work in the UK in September 2010, and has been living here continuously since. He has just received his permanent residency card. From what I can gather, we have to fill out form MN1 for our son, and then apply for his passport. By using an NCS center, I believe we can pay to do both processes at the same time?

For our child's passport, I have referred to the below:
https://www.gov.uk/government/uploads/s ... idance.pdf

...

Can someone please explain the steps we need to take to secure a British passport for him, and the documentation that we need to submit for form MN1 and then for the passport application?

Thank you!

That guidance is for a child born British.
It is inappropriate for your case which is why you are confused.

Stick with MN1 guidance and also regular passport guidance.

[ohara]

As neither of you were settled in the UK (or British citizens) when your child was born in the UK, the child is not automatically a British citizen at birth. Only British citizens are entitled to apply for a British citizen passport.

As per section 1(3) of the British Nationality Act 1981, your child is entitled to register as a British citizen as soon as at least one of the parents becomes settled in the UK.

You have stated that your husband now has PR, so you can go ahead with the application.

Start here: https://www.gov.uk/government/publicati ... n-form-mn1

Make sure you read the application form and the guidance thoroughly. You'll be registering the child under section 1(3) so ignore parts not applicable to that.

The MN1 application is currently £936, and child will need to have a photo taken at a Post Office as part of biometric submission which costs £19.20.

Once the application has been accepted and you have the certificate, your child is a British citizen and you can apply for their British passport.

Note: there is a relatively new scheme called JCAP, offered by councils which provide the Nationality Checking Service, where you can apply for the child's registration AND the passport at the same time. Child passport currently costs £46.

[ethannicholas]

Hi all!

We have an appointment with NCS next Thursday, to register my child as a British citizen. To recap, my husband moved to the UK in October of 2010, and has just received his permanent residency card. Our son was born in October 2014, and would like to register him and apply for a British passport for him.

To our appointment we will bring the following:
MN1 Application
Application Form
Fee
Referees
Child's Birth Certificate
Child's Italian Passport
Marriage Certificate
Husband's Permanent Residency Card
Husband's Passport
My Passport
The bundle of documents we used to apply for his PR card - including 5 years worth of bank statements, wage slips, proof of address, etc.

Is there any documentation which I am missing? Any help would be great. Thanks!

[noajthan]

Looks in order.
Suggest take copy of forms for your records.

[buktais]

Husband's Permanent Residency Card


The bundle of documents we used to apply for his PR card - including 5 years worth of bank statements, wage slips, proof of address, etc.

why is this bundle needed if you are sending his PR anyway?

[ethannicholas]

Thank you, everyone.

And I'm sorry, but one last question.

We have our appointment next week and will be using the JCAP service - so we can apply for both registration and his passport at the same time. I know for the regular service, they will certify your passport and all documentation so you can keep hold of them - is this applicable for JCAP as well, as I read on the passport application guidance form that they do not take any certified copies of documents. If this is the case, I may have to rebook the appointment, as we are due to travel for the Christmas holidays.

Any light shed on this would be great, thank you kindly.

[CR001]

Yes, it is the same for JCAP, NCS will copy the documents and return originals to you.