Applying for British Citizenship for child - queries

wimbleQ

Hi,

Hoping someone who has knowledge in this area might be able to offer guidance?

Will paste all info below but basically, want to apply for British Citizenship for a child (15 yrs) who has Turklsh/Cypriot/Italian citizenship currently and settled status in UK (going to school here).

Form and advice isn't very clear and risk losing £1,000 application fee if the application is declined.  Tried phoning Home Office but they won't give any advice on these queries.

Parents are divorced - one Italian, other Turkish. Both living and working in UK with settled status. 

We are confused about the "5 year rule" (when it starts from - as child had full 5 years previously, but then left UK for 2 years and returned in 2023).  Can she rely on the previous continuous 5 years, or does she have to build up another continuous 5 year period?

Also some queries re the Form MN1 used to apply for citizenship - is this the correct form to use?

FULL INFO below:

CHILD INFO

CHILD:                                                                                      Born September 2010  (aged 15)

Child's CURRENT Nationalities:                                            Turkish, Italian and Cypriot

Child's Status:                                                                         Settled Status in UK

Parents (divorced), both now living in UK:                        Each has Settled Status in UK - Father = Italian & Mother = Turkish

DATES OF CHILD ENTERING AND LEAVING UK

Dates in UK:                                                Sept 2016 to Sept 2021 (= 5 years, spending less than 300 days abroad)

Outside UK:                                                 Sept 2021 - August 2023 (moved to Turkey)

Back in UK:                                                  August 2023 to date (except for holidays)

Mother dates in UK - same as child        Sept 2016 to Sept 2021 (= 5 years, spending less than 300 days abroad) & RETURNED TO UK August 2023

Father in UK:                                              10 years plus

FATHER

·       UK Settled Status - Italian National

 MOTHER

·       UK Settled Status - Turkish National

 FORM TO APPLY FOR CITIZENSHIP FOR CHILD

·       MN1 - is this the correct form to use?

·       Will application SUCCEED OR FAIL BASED ON FOLLOWING:

o   Neither parent is a British Citizen - divorced, one is Italian, other Turkish. Both have UK Settled Status.  Italian lived in UK 10+ years.  Turkish lived in UK 5 years, then break out of country for two years, returning in 2023.  Re the 5 year residency - does this have to be 5 years in total immediately preceding the date of making the application or can those 5 years be accumulated from before (and with a broken period outside the UK in between)?

o   The form asks date and place of first arrival. Does this mean when the child first arrived in the UK (Sept 2016) or when she re-entered the UK (August 2023)?

o   Neither father nor mother (we are divorced) have British citizenship, but on p. 11 (point 3.1) the form asks who a British citizen is and on whom the application should be based.

o   On p. 11 (point 3.2) the form asks about the parent’s addresses in the UK during the ‘reckonable 3 year period’ – does this refer to the last 3 years of the 5-years period or simply the last 3-years since the time the application is filed?

o   On p. 12 (point 3.6), the form asks details of the grandparent from whom the parent in 3.1 derived British citizenship by descent. As mentioned, neither her mother not I are British citizens and neither are the grandparents.

Many thanks in advance if anyone can offer any advice/guidance on these questions so we can submit the application correctly.

Emmia

Where was the child born?

sgthammer

While the current political climate may make you anxious to hurry things along, for the same reason I'd be inclined to think the Home Office will take the strictest available interpretation of anything ambiguous. (Not starting a debate, it just is what it is.)

Mother and child were in the UK 2016-2021 but then immediately moved to Turkey (because of the divorce?) rather than applying for citizenship under the 5 year rule at that point. So that opportunity lapsed, and the clock is reset from their return in 2023.

I'm not sure what impact holidays abroad have; it probably depends on how long they were. But assuming they're reasonably excluded for falling under a certain number of days, in 2028 the child will be 18 years old and able to launch his or her own application irrespective of parental status.

RAS

I'd suggest asking for advice from the 3 million project. They have advice for people granted settled status.

sheramber

wimbleQ said:

Hi,

Hoping someone who has knowledge in this area might be able to offer guidance?

Will paste all info below but basically, want to apply for British Citizenship for a child (15 yrs) who has Turklsh/Cypriot/Italian citizenship currently and settled status in UK (going to school here).

Form and advice isn't very clear and risk losing £1,000 application fee if the application is declined.  Tried phoning Home Office but they won't give any advice on these queries.

Parents are divorced - one Italian, other Turkish. Both living and working in UK with settled status. 

We are confused about the "5 year rule" (when it starts from - as child had full 5 years previously, but then left UK for 2 years and returned in 2023).  Can she rely on the previous continuous 5 years, or does she have to build up another continuous 5 year period?

Also some queries re the Form MN1 used to apply for citizenship - is this the correct form to use?

FULL INFO below:

CHILD INFO

CHILD:                                                                                      Born September 2010  (aged 15)

Child's CURRENT Nationalities:                                            Turkish, Italian and Cypriot

Child's Status:                                                                         Settled Status in UK

Parents (divorced), both now living in UK:                        Each has Settled Status in UK - Father = Italian & Mother = Turkish

DATES OF CHILD ENTERING AND LEAVING UK

Dates in UK:                                                Sept 2016 to Sept 2021 (= 5 years, spending less than 300 days abroad)

Outside UK:                                                 Sept 2021 - August 2023 (moved to Turkey)

Back in UK:                                                  August 2023 to date (except for holidays)

Mother dates in UK - same as child        Sept 2016 to Sept 2021 (= 5 years, spending less than 300 days abroad) & RETURNED TO UK August 2023

Father in UK:                                              10 years plus

FATHER

·       UK Settled Status - Italian National

 MOTHER

·       UK Settled Status - Turkish National

 FORM TO APPLY FOR CITIZENSHIP FOR CHILD

·       MN1 - is this the correct form to use?

·       Will application SUCCEED OR FAIL BASED ON FOLLOWING:

o   Neither parent is a British Citizen - divorced, one is Italian, other Turkish. Both have UK Settled Status.  Italian lived in UK 10+ years.  Turkish lived in UK 5 years, then break out of country for two years, returning in 2023.  Re the 5 year residency - does this have to be 5 years in total immediately preceding the date of making the application or can those 5 years be accumulated from before (and with a broken period outside the UK in between)?

o   The form asks date and place of first arrival. Does this mean when the child first arrived in the UK (Sept 2016) or when she re-entered the UK (August 2023)?

o   Neither father nor mother (we are divorced) have British citizenship, but on p. 11 (point 3.1) the form asks who a British citizen is and on whom the application should be based.

o   On p. 11 (point 3.2) the form asks about the parent’s addresses in the UK during the ‘reckonable 3 year period’ – does this refer to the last 3 years of the 5-years period or simply the last 3-years since the time the application is filed?

o   On p. 12 (point 3.6), the form asks details of the grandparent from whom the parent in 3.1 derived British citizenship by descent. As mentioned, neither her mother not I are British citizens and neither are the grandparents.

Many thanks in advance if anyone can offer any advice/guidance on these questions so we can submit the application correctly.

Do the requirements not say 'the last 5 years'.