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Under 18 Born Overseas MN1 Citizenship 3(5)

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

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000djc000
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Under 18 Born Overseas MN1 Citizenship 3(5)

Post by 000djc000 » Sun Feb 04, 2018 2:10 pm

I am currently applying for British Citizenship for my 14-year-old son (Form MN1). Before submitting the application, I would like to confirm that I am using the section of the ‘British Nationality Act 1981’
I think I should be using 3(5) hopefully someone can help with this one.

My Details:
I am the one applying for the application with consent of the mother
I am British Citizen by birth. Both my parents are also British Citizens
I was married to his mother 2008 in South Africa
My step son was born in South Africa 2003
He has been resident in the UK since 2008 and spent in total 18 days out of the UK
I am named on his birth certificate and has used my surname since 2008
Divorced from mother 2012
Step son lives with me since 2012, I am sole carer and have a parental responsibility order
My son was granted ILR 2014
His mother granted ILR 2017

Is Section 3(5) suitable for his application?

Section 3(5 States:
To qualify under this section the child and their mother and father should have lived in
the UK (or British overseas territory if born after 21 May 2002) for a 3 year period
ending with the date the application is received. And the child and their parents should
be physically present in the UK or a British overseas territory at the start of that
period.
The child and their parents must not have been absent from the UK (or the British
overseas territories if appropriate) for more than 270 days during the 3 year
residential period. There is no discretion to disregard absences greater than 270
days.
If the parents’ marriage or civil partnership has ended or they are legally separated
then only the child and one parent has to satisfy the residence requirement.
Both parents must consent to the child being registered as a British citizen. If one of
the parents has died then only the consent of the surviving parent is required.
A child registered under this section will be a British citizen otherwise than by
descent.

vinny
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by vinny » Sun Feb 04, 2018 2:34 pm

If you are British by descent, then that seems correct.
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CR001
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by CR001 » Sun Feb 04, 2018 3:03 pm

Could you clarify the following please

You state the child is your step son, born in 2003. You also state you are named on his birth certificate???

Have you legally adopted the child??
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by vinny » Sun Feb 04, 2018 3:16 pm

Well spotted!
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000djc000
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by 000djc000 » Mon Feb 05, 2018 4:45 am

When I married his mother we changed his birth certificate so I would be named as his father.
His natural had past away before he was born and therefore at birth no father was named.

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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by 000djc000 » Mon Feb 05, 2018 4:47 am

I have not formally adopted him. But was granted parental responsibility by court order 2012.

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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by vinny » Mon Feb 05, 2018 6:11 am

Who was the mother married to at the time of child's birth?
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by CR001 » Mon Feb 05, 2018 8:38 am

It isn't that easy to change a birth certificate, even in South Africa, without proof of paternity or adoption.
Char (CR001 not Casa)
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000djc000
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by 000djc000 » Mon Feb 05, 2018 3:02 pm

The mother was not married at the time of the child's birth.

We wanted my step son to have the family surname. So completed all the relevant forms and as a consequence of doing this I was also named as his father on his birth certificate.

May be things have changed since 2009 in SA

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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by CR001 » Mon Feb 05, 2018 3:05 pm

000djc000 wrote:
Mon Feb 05, 2018 3:02 pm
May be things have changed since 2009 in SA
Or someone messed up and didn't do their job properly, no surprise if that was the case.
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Re: Under 18 Born Overseas MN1 Citizenship 3(5)

Post by vinny » Tue Feb 06, 2018 12:02 am

If they accept you as the child’s father for the purposes of the British Nationality Act, then child is entitled to register under Section 3(5). Else, child may register under Section 3(1).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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