application for child under 18 as British citizen

[okido]

On Form MN1
applying as a EEA national mother
answer to question 1.1 : is section 1 (3) of the British Nationality Act the section under which EEA national apply for their children?


Do we need to fill Q 2.3 absence from the UK if only been out an average 2 weeks a year on Holidays?

For Question 3.15 OK to list all employment ... fine with that
but what about question 3.16 Do we need to tick that. Are EEA applying under section 3(2)?

There is some confusion about the British Nationality act section number is it 3(1) or is it 1 (3) ?

[CR001]

Where was the child born?

Does the EU citizen have PR?

[okido]

Child born in 2001 in UK and been in UK since

EU citizen mother has not applied for PR

[CR001]

She needs to submit evidence that she is 'settled', i.e. holds PR.

[okido]

EEA mother has been in LONDON UK since 1991 with no interuption and in permanent employment or self employment. Is it considered as settled?

[CR001]

She needs evidence of PR.

[okido]

Thought this would apply:
Guide MN1 says
if a parent has settled here if:
He or she has been exercising EEA free movement rights in the UK for a continuous period of 5 years ending on or after 30 April 2006

page 8 of Guide MN1

[CR001]

The requirement is that the EU parent must prove they were/are settled. This is the document certifying PR usually.

Did the mother get any type of stamp in her passport in 1991 saying Indefinite Leave to Remain?

[JAJ]

If the mother got an ILR stamp in her passport in the 1990s- then child would likely be British automatically by birth.

The concept of automatic PR for EEA/Swiss citizens only came into existence in April 2006. If the mother has been continuously working in the U.K. since 1991 then she almost certainly did acquire PR on 30 April 2006. If the intention is to register the child under section 1(3) of the British Nationality Act it is not clear that the Home Office can demand a PR document as long as she can evidence acquisition of PR some other way. Similar thread recently:
british-citizenship/mn1-for-a-child-bor ... 38447.html

That said- if the mother wants to apply for British citizenship herself- she will need a PR Card from the Home Office.

Nothing is said about the child's father- is he British or settled in the U.K.? Child may potentially be British based on father's status or eligible for registration under UKF provisions (cheaper than MN1).

Additional option: Since child has passed 10th birthday and it's stated has been in the U.K. throughout, registration on Form T should be possible:
https://www.gov.uk/government/publicati ... zen-form-t

Most EEA countries will allow dual citizenship if the child registers as British but there are a few exceptions. Which EEA country is involved?