need help filling my grand daughters MN1 form

[sol4real]

i applied for ILR for my 3yr old daughter and she was granted (i have PR) i was given joint custody of her with the father from the court, i am not in the process of filling the MN1 to apply for a British passport, having gone through the forms, i noticed it only has a place for father and mother, since she is making the application based on my status in the uk (am British, but none of the parents are) do i leave out her parents details and fill in mine or leave out the mothers details and fill in mine ? or should i just fill in the details for both parents but send my passport and court order along with her application

[CR001]

Your post doesn't quite make sense.

i applied for ILR for my 3yr old daughter and she was granted (i have PR) i was given joint custody of her with the father from the court, i am not in the process of filling the MN1 to apply for a British passport, having gone through the forms, i noticed it only has a place for father and mother, since she is making the application based on my status in the uk (am British, but none of the parents are) do i leave out her parents details and fill in mine or leave out the mothers details and fill in mine ? or should i just fill in the details for both parents but send my passport and court order along with her application

What is your relation to the child as the above in red indicates you are the mother, not the mother, have PR, are British?

Where was the child born?

What is the immigration status of the parent(s)?

[sol4real]

I am sorry for the mistake, the child is my grand daughter, and yes i do have PR gotten from a court order, which awarded custody to me and her father , I am British, and was also responsible for making her application for ILR which was successful , the child was born in the uk and she is still in the uk
Mother and father are separated, mother is an over stayer and father has a student visa

[secret.simon]

More confusion.

I am sorry for the mistake, the child is my grand daughter, and yes i do have PR gotten from a court order, which awarded custody to me and her father , I am British, and was also responsible for making her application for ILR which was successful , the child was born in the uk and she is still in the uk
Mother and father are separated, mother is an over stayer and father has a student visa

In any case, I am not sure if you can apply for the registration of a child based on your ILR/PR if they are not your children, even if you have joint custody.

At the best, it would have to be at HO discretion, certainly not an entitlement.

[sol4real]

I am not sure if you can apply for the registration of a child based on your ILR/PR if they are not your children, even if you have joint custody.

At the best, it would have to be at HO discretion, certainly not an entitlement.

She has ILR and I am British and I have PR over her

[noajthan]

i applied for ILR for my 3yr old daughter and she was granted (i have PR) i was given joint custody of her with the father from the court, i am not in the process of filling the MN1 to apply for a British passport, having gone through the forms, i noticed it only has a place for father and mother, since she is making the application based on my status in the uk (am British, but none of the parents are) do i leave out her parents details and fill in mine or leave out the mothers details and fill in mine ? or should i just fill in the details for both parents but send my passport and court order along with her application

A point of clarification; by "PR" do you mean you have parental rights for the child ? (ie as obtained by a family court order).
It makes a difference because in this forum "PR" is usually understood to mean permanent residence (as may be obtained by a EEA national.

And just to be clear, form MN1 is used to register a child as a UK citizen; it is not a passport application form and will not directly result in a British passport.
To apply for a British passport is a separate process done using separate paperwork & with its own requirements.
Good luck.

[sol4real]

Forgive my English, it's to apply for British citizenship and yes PR means parental responsibility

[noajthan]

Children are usually registered as UK citizens via their biological parents, although British nationality law seems to cover some special cases of descent based on grandparents.

The Home Secretary does have powers to register children as citizens in various special circumstances and there are provisions for adopted children too.

Can you advise what nationality the father holds and what is his immigration status in the UK?

Suggest further advice should be obtained about your case from a specialist adviser as it sounds quite unusual;
the fact that the child was born in UK probably helps.

Good luck.

[vinny]

Can you advise what nationality the father holds and what is his immigration status in the UK?

the child was born in the uk and she is still in the uk
Mother and father are separated, mother is an over stayer and father has a student visa

[noajthan]

Can you advise what nationality the father holds and what is his immigration status in the UK?

the child was born in the uk and she is still in the uk
Mother and father are separated, mother is an over stayer and father has a student visa

This information (marital status & being a student) does not really clarify the father's nationality nor his immigration history (treaty rights/PR, ILR &/or etc) such that good & knowledgeable people may assist.

[sol4real]

most of you seen to be missing the point, the fathers nationality and immigration status really has nothing to do with this application, the child in question already has ILR which was gotten because i am British, i also have paternal responsibility PR over the child and also ave full custody, which means that i have the same rights over the child as her parents would, its like me adopting her but with her parents still in her life, having said that i am the one making the application for her and not her parents, i am only having issues as to what to do about filling in the parents details, should i fill them in or should i fill in my details

[noajthan]

most of you seen to be missing the point, the fathers nationality and immigration status really has nothing to do with this application, the child in question already has ILR which was gotten because i am British, i also have paternal responsibility PR over the child and also ave full custody, which means that i have the same rights over the child as her parents would, its like me adopting her but with her parents still in her life, having said that i am the one making the application for her and not her parents, i am only having issues as to what to do about filling in the parents details, should i fill them in or should i fill in my details

Just trying to help here with initial information discovery.
Once you have all relevant facts you can assemble the application in the most appropriate & favourable way.

For example, in my case my stepdaughter had an estranged father who played no part in her life for 16 years.
He went on the form as biological father & we had to provide supporting evidence of his lack of involvement in child's life.
As a mere stepfather I was not on the form, just mentioned in an optional supporting letter.

In your case there are still 3 parents, because, as you mentiond, parental rights are additive (unlike adoption).

As well as names & other personal details the HO will surely consider each person's nationality/immigration status before deciding the case.
It may be the case hangs solely on you as a father but my understanding of the form & dealings with HO makes me think the other parents are to be included. HO will decide which are the material facts.

It seems clear one of the 3 parents details will have to go in the additional information section, unless the guide & booklet that come with form MN1 instruct you otherwise.
A supporting letter will probably help in this case too.

Have you also tried asking on the HO helpline?

[sol4real]

most of you seen to be missing the point, the fathers nationality and immigration status really has nothing to do with this application, the child in question already has ILR which was gotten because i am British, i also have paternal responsibility PR over the child and also ave full custody, which means that i have the same rights over the child as her parents would, its like me adopting her but with her parents still in her life, having said that i am the one making the application for her and not her parents, i am only having issues as to what to do about filling in the parents details, should i fill them in or should i fill in my details

Just trying to help here with initial information discovery.
Once you have all relevant facts you can assemble the application in the most appropriate & favourable way.

For example, in my case my stepdaughter had an estranged father who played no part in her life for 16 years.
He went on the form as biological father & we had to provide supporting evidence of his lack of involvement in child's life.
As a mere stepfather I was not on the form, just mentioned in an optional supporting letter.

In your case there are still 3 parents, because, as you mentiond, parental rights are additive (unlike adoption).

As well as names & other personal details the HO will surely consider each person's nationality/immigration status before deciding the case.
It may be the case hangs solely on you as a father but my understanding of the form & dealings with HO makes me think the other parents are to be included. HO will decide which are the material facts.

It seems clear one of the 3 parents details will have to go in the additional information section, unless the guide & booklet that come with form MN1 instruct you otherwise.
A supporting letter will probably help in this case too.

Have you also tried asking on the HO helpline?

Am sorry if i sounded rude, my apologies, i have not given them a call but i would do that later on today, thank you for your advise

[noajthan]

Just trying to help here with initial information discovery.
Once you have all relevant facts you can assemble the application in the most appropriate & favourable way.

...

It seems clear one of the 3 parents details will have to go in the additional information section, unless the guide & booklet that come with form MN1 instruct you otherwise.
A supporting letter will probably help in this case too.

Have you also tried asking on the HO helpline?

Am sorry if i sounded rude, my apologies, i have not given them a call but i would do that later on today, thank you for your advise

Not at all. I've had dealings with HO for past 7 years, I know it's often tricky & stressful.

My suggestion would be to:
a) Enter your details as Father (as you have pr) in questions 1.21 onwards.

b) Add similar comprehensive details (based on same questions) for the biological father in the 'Further Information' section (final page of form).

c) Add biological mother details in Q 1.30 onwards.
(As a female it's probably more understandable to put her details in the 'mother' section of the form).

In my case the father had had no contact with his daughter (my stepdaughter) for years & had never set foot in UK;
his details were required in the form but were obviously discounted when HO made their decision as discretionary registration was granted (in our case).
The point is there should be no issue including such details.

d) Answer the consent questions carefully, for father, mother & guardian.

In this case I am not sure about them.

Suggest also cross-reference in 'Further Info' section to explain the consents or lack of any consents, as appropriate.
Note the guidance about parents permission & what to do if 1 or other parent does not agree to registration..

Ref: https://www.gov.uk/government/uploads/s ... e_2015.pdf

e) Add a comprehensive supporting letter about your case & cross-reference it in the 'Further Info' section.
Submit suitable supporting evidence related to the grant of parental rights & so on.

If in any doubt take advice before applying as this is a slightly unusual and complex type of application; (I'm sure you will do so anyway).

Best of luck.

[noajthan]

sol4real,
I am not sure if your case is an entitlement to register or will be determined by by HO/HS discretion.

For your reference, here is caseworker guidance that relates to discretionary registration of minors:
https://www.gov.uk/government/uploads/s ... 150402.pdf
Hope it helps.

[noajthan]

A bit more clarity on the case (ref. the PDF immigration rules file linked in above comment):

9.22.7
Those sharing parental responsibility with the natural parents do not take the parents place for the purposes of registration of the minor as a British citizen under s.3(1)

9.22.8
We should therefore normally expect the usual criteria to be met including, where appropriate, those relating to the citizenship and immigration status of the parents and the parents' consent to the registration.

It's now clear registration is at HO/Home Secretary's discretion - with some hope offered by this clause:

The paramount concerns, however, should be whether registration would be in the child's best interests and whether the child's future lies in the UK

[sol4real]

thank you all for your advise, she got her British passport late last year

[noajthan]

thank you all for your advise, she got her British passport late last year

Good news indeed.