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Applying for British Citizenship without parent consent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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sjm123
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Joined: Tue Apr 15, 2014 1:57 pm

Applying for British Citizenship without parent consent

Post by sjm123 » Tue Apr 15, 2014 2:22 pm

My apologies but I am new to this forum and not sure how to post a question. Mine is similar to this one. I am British by descent - born abroad to 2 British other than by decent parents - father worked for a multi-national. My children were also born abroad, although up until marrying their father I spent most of my life in the UK. One child was born in Ireland and has an Irish passport, the other in the US but has a Danish passport (father is Danish) and US passport. Post divorce my ex refuses to give consent to British citizenship. My eldest just turned 16 and wants a UK passport. We have lived in the UK for 3 years in July. We have shared parental responsibility, but the residence order is in my favour. I would like to know if there is any possibility that an application would be successful without my ex's consent. He would provide an argument that our daughter would lose her Danish nationality if the application is successful as Denmark currently doesn't allow dual nationality - altho this rule is thought to be changing. My daughter has no intention of moving to Denmark, will be doing her A levels here and applying to an English uni.

I would appreciate any thoughts or advice.

Thank you.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Applying for British Citizenship without one parent cons

Post by Amber » Wed Apr 16, 2014 12:56 am

An application under section 3(5) BNA 1981 would require both parents consent, there is no discretion (but for s 3(6)) as it's a statutory requirement. However, a section 3(2) application should not require consent of parents so long as the requirements in section 3(3) are met.
10.9 Consent to the application wrote: 10.9.1 As the minor has an entitlement to be registered as a British citizen if the requirements in 10.2 above are met (if necessary, with the use of the discretion in s.3(4)), the absence of parental consent is not a reason for refusal.
10.9.2 Therefore, it is not necessary for the parent(s) or the person(s) having responsibility for the person to consent to the application.
The key question for a s 3(2) application would be whether:
s 3(3) wrote:(c)that, as regards some period of three years ending with a date not later than the date of the birth—
(i)the parent in question was in the United Kingdom [F3or a qualifying territory] at the beginning of that period; and
(ii)the number of days on which the parent in question was absent from the United Kingdom [F4and the qualifying territories] in that period does not exceed 270.
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