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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm filling in an MN1 form for my grandson Assistant: Thank

Resolved Question:

I'm filling in an MN1 form for my grandson
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: It's complicated! He's 2 weeks old, born in Austria to a father who is British by descent and a Malaysian mother
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Thomas replied 5 months ago.

Hi,

What is your specific question please?

Tom

Customer: replied 5 months ago.
My grandson is 2 weeks old, born in Austria to a father who is British by descent and a Malaysian mother. he does not qualify for automatic citizenship of any of the three countries. We are filling in form MN1, as my son, the baby's father, lived and worked in the UK continuously for 7 years before moving back to Austria where he was born. My question is, would it be better to apply for citizenship on the basis of the child being stateless, in which case we should apply on form S2 or S3?
Expert:  Thomas replied 5 months ago.

Hi

Thanks for your question. I will try to help.

If you are certain that the child does not qualify for any nationality resulting automatically from his birth then the only conclusion to make is that he is stateless.

On this basis he is born outside the UK to a british father and he is stateless.

However, being stateless does not nescesarily mean that you MUST appy using form s2 (although you probably could if you wish it would take longer than using form MN1).

For this reason I would personally apply using form MN1. You will see that the third paragraph under the heading s3(2) at page 9 of the guidance confirms that the 3 year residence requirement does not apply if the child is stateless and so this is effective confirmation that you can apply using form MN1 even though the child is stateless:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/483729/MN1_Guide_December_2015.pdf

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 5 months ago.
Thank you. Have you any idea what would be the chances of this application being fast tracked based on the statelessness of the child? Until he has citizenship, he cannot apply for travel documents and therefore cannot leave Austria.
Expert:  Thomas replied 5 months ago.

Hi,

I'm afraid that I am unsure on this point, you can certainly express the urgency in the covering letter to the application in the hope that they will expedite it...

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience: UK Lawyer holding practising certficate for England & Wales.
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