MN1 for adopted child - habitual residence and original docs
May 17th 2018, 10:20 am
#1
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Joined: Feb 2014
Posts: 14
MN1 for adopted child - habitual residence and original docs
Hello,
I am preparing to apply for British citizenship for my son under section 3(1) of MN1. We live in Italy but I am hoping to apply while we are in the UK this summer.
Me: British (born in UK to British parents)
Husband: Italian
Son: adopted from China (signatory to the Hague Convention) in 2015 via the Italian adoption system. He is an Italian citizen and is 4 years old.
My questions:
1) I need to provide evidence of our (my husband and I) habitual residence. I am not sure how much documentation to provide.
I have obtained for this purpose, for each of us:
- a stamped certificate of residence from the town hall which specifies that we lived at our current address from 2001 til today, with a break of a year in a different Italian city in 2008
- stamped certificates from the tax authority specifying that we were resident for tax purposes for the years 2013-2018.
Do I need more? I could provide utility bills (in my husband's name) and similar but surely the above official certificates already prove our residence, don't they? I am also wary of providing unnecessary documents as whatever I provide in Italian will surely need to be translated, at extra cost of course.
2) I need to provide the 'adoption order' for which I plan to submit the final Italian court 'decree', and the Intercountry certificate of adoption from China. I also need to submit the 'certificate of abandonment' from China. I am nervous about submitting these originals. Since I am thinking of submitting a copy of my own passport certified by a solicitor (as evidence of MY claim to Br citizenship), is there the possibility of having the solicitor certify the adoption documents too and then I could submit copies? Or do I have to use the checking service for this?
Thank you!
I am preparing to apply for British citizenship for my son under section 3(1) of MN1. We live in Italy but I am hoping to apply while we are in the UK this summer.
Me: British (born in UK to British parents)
Husband: Italian
Son: adopted from China (signatory to the Hague Convention) in 2015 via the Italian adoption system. He is an Italian citizen and is 4 years old.
My questions:
1) I need to provide evidence of our (my husband and I) habitual residence. I am not sure how much documentation to provide.
I have obtained for this purpose, for each of us:
- a stamped certificate of residence from the town hall which specifies that we lived at our current address from 2001 til today, with a break of a year in a different Italian city in 2008
- stamped certificates from the tax authority specifying that we were resident for tax purposes for the years 2013-2018.
Do I need more? I could provide utility bills (in my husband's name) and similar but surely the above official certificates already prove our residence, don't they? I am also wary of providing unnecessary documents as whatever I provide in Italian will surely need to be translated, at extra cost of course.
2) I need to provide the 'adoption order' for which I plan to submit the final Italian court 'decree', and the Intercountry certificate of adoption from China. I also need to submit the 'certificate of abandonment' from China. I am nervous about submitting these originals. Since I am thinking of submitting a copy of my own passport certified by a solicitor (as evidence of MY claim to Br citizenship), is there the possibility of having the solicitor certify the adoption documents too and then I could submit copies? Or do I have to use the checking service for this?
Thank you!
May 17th 2018, 11:59 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: MN1 for adopted child - habitual residence and original docs
Has your son's final adoption order been certified as having been made in accordance with the terms of the Hague Convention on inter-country adoption?
May 17th 2018, 2:31 pm
#3
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Joined: Feb 2014
Posts: 14
Re: MN1 for adopted child - habitual residence and original docs
Hello,
Both Italy and China are signatories to the Convention.
In the final adoption order issued by an Italian court, it specifies "the requirements for international adoptions set out in Article 4 of the Hague Convention of 29 May 1993 have been met" (my translation).
Both Italy and China are signatories to the Convention.
In the final adoption order issued by an Italian court, it specifies "the requirements for international adoptions set out in Article 4 of the Hague Convention of 29 May 1993 have been met" (my translation).
May 17th 2018, 3:36 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: MN1 for adopted child - habitual residence and original docs
1) That is probably the bare minimum you can get away with. That the adoption procedure was Hague convention and processed through an Italian court will also help.
2) As evidence of your British citizenship otherwise than by descent I also send your full birth certificate showing you were born in the UK to British-born parents as a British passport will tell someone that you are British but not how you became British. You can order a new certified copy from the General Register Office for £9.25 if you were born in England or Wales. You will need to provide originals of every document bar your passport. If you are (understandably) nervous about relying on the Italian postal system to send and return these safely then using the Nationality Checking Service when you are in the UK this summer would be a eminently sensible approach.
2) As evidence of your British citizenship otherwise than by descent I also send your full birth certificate showing you were born in the UK to British-born parents as a British passport will tell someone that you are British but not how you became British. You can order a new certified copy from the General Register Office for £9.25 if you were born in England or Wales. You will need to provide originals of every document bar your passport. If you are (understandably) nervous about relying on the Italian postal system to send and return these safely then using the Nationality Checking Service when you are in the UK this summer would be a eminently sensible approach.
May 17th 2018, 5:51 pm
#5
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Thread Starter
Joined: Feb 2014
Posts: 14
Re: MN1 for adopted child - habitual residence and original docs
Many thanks. Birth certificate ordered!
Do you have any advice on the fact that by applying when in the UK, I would provide my parents' address for correspondence (where we will be staying) in the hope that the biometric letter would come there and I could get the biometric data taken at a British PO office. It would be simpler than getting it done when back in Italy. I would explain to the HO that we were only over temporarily. Also, all my documents would be returned to my parents' address, which I would be happier about (national vs international post).
In the event that time runs out and we need to go back to Italy, would I still be able to get the biometric data taken in Italy based on the invitation we receive, or would the Home Office require it to be done in the UK based on the application being started there?
I am starting to have doubts because if I use the NCS, I may have to wait for an appointment and this could eat into my time. My original plan was to submit everything as soon as I arrive without the NCS you see.
Basically, by applying while in the UK, could I potentially complicate things and run into difficulties?
Do you have any advice on the fact that by applying when in the UK, I would provide my parents' address for correspondence (where we will be staying) in the hope that the biometric letter would come there and I could get the biometric data taken at a British PO office. It would be simpler than getting it done when back in Italy. I would explain to the HO that we were only over temporarily. Also, all my documents would be returned to my parents' address, which I would be happier about (national vs international post).
In the event that time runs out and we need to go back to Italy, would I still be able to get the biometric data taken in Italy based on the invitation we receive, or would the Home Office require it to be done in the UK based on the application being started there?
I am starting to have doubts because if I use the NCS, I may have to wait for an appointment and this could eat into my time. My original plan was to submit everything as soon as I arrive without the NCS you see.
Basically, by applying while in the UK, could I potentially complicate things and run into difficulties?
May 22nd 2018, 10:47 pm
#6
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: MN1 for adopted child - habitual residence and original docs
Good question and the answer is probably. It would depend on how long you were in the UK for. If it was only for a couple of weeks then I would do the whole process from Italy and send the documents to the UK by courier and enclose a Royal Mail Special Delivery SAE with your parents' address for their safe return. You could then pick them up in person as and when or have your parents couriered them back to Italy.
