British citizenship for children whose parents miss the EU settled status deadline

The newly reformed British Nationality and Border bill aims to cater to the British Citizenship applications made by those children whose parents have missed EU settled status deadline. 

This bill was introduced on 01 July 2021 wherein the Home Secretary Priti Patel clarifies certain streamlining and strictness being imposed to address the growing need to take care of the broken asylum and nationality laws. 

What does the bill aim to highlight?

Children born in the UK to parents who had a settled status ( to possess indefinite leave to remain) are automatically given British Citizenship from birth. All EU nationals and their family members who had lived in the UK for a minimum time period of five years were able to apply for the indefinite leave to remain ( or settled status) as per  the EU Settlement Scheme. The deadline to make such applications was 30 June 2021.

The bill ensures 

1. If the parent has submitted an application under the EU Settlement Scheme by 30 June 2021 deadline, but the decision on the application was yet to be announced at the time when the child was born

2. For applicants who make a late application under the EU Settlement Scheme  after 30 June 2021, they must prove that they have valid and compelling reasons to miss their deadline to seek settled status before their child is born. 

3.  In such cases, the applicants are needed to show that they fulfil the eligibility requirements by 30 June 2021 deadline and had the valid reason for delay not during the time they applied under the EU settlement scheme.

What happens next- the application process?

When such a scenario is held the parents will require the child to seek British citizenship through the process of Naturalisation UK. The parents must make an online application with all the relevant documents to be uploaded to the UK.

It is important that while the application is being made the parents fill out a column for ‘Mentioning references’.  You must mention two references in the child’s form for British citizenship. The form referred here is MN1 which must be completed with all the details asked.

A referee for our child’s application must not be a person directly related to the child,

be the solicitor, legal adviser,UK  lawyer or any caseworker representing your child’s citizenship application or be working in the UK visa and immigration

The person must not hold any history of  criminal conviction or provide invalid information

Or trying to keep the important information away from the UK visa and immigration(The Home Office)

You need to make an online application form for your child’s citizenship application and upload all the relevant documents as asked by the UK Home Office And pay the required fee of  £936 for Form MN1 and a biometric enrolment fee of £19.20.

Take legal assistance

It is important that while you apply for British citizenship of your child there are many do’s and don'ts to keep in mind or address them. It would be best if you take the help of an expert immigration lawyer who can help you represent your case and guide you through the process. A Y & J Solicitors are known for their honesty, credibility and compassionate bespoke guidance that has helped over 4000 clients  in the past 10 years.