kkuk wrote:Hi forum members,
Could you guys please advise me with regards to the following;
Me: non eea national with pr
Son:eea national with Registration Certificate, was born in England in 2010 before we obtained pr. Am I correct to assume that his Mn1 application can be made with mine at same time?
Would he need pr at all?
Stepson: eea national with pr, born in 2004 in eu.
No contact with biological father at all, can I use MN1 for him too? What section would apply , is it section 3(1)?
Do we need permission from biological father even when no comtact?
Reason I am asking is that section 3(1) requires one parrent to be settled and one applying at same time atleast, is it ok if he applies with me (stepfather)?
My wife is not planning to apply at this stage.
Regards
1)
For EEA son born in UK before you were settled:
Now you have PR you can apply to register son under section 1(3) of BNA; form MN1.
Note: No need to wait for your citizenship application.
Son does not need PR.
2)
Step-son, born abroad.
If born abroad (to non-British parents) it's a registration under 3(1) of BNA
at discretion of Home Secretary; form MN1.
Be careful here, status of step-father is, in most cases, immaterial.
Note: Step-father will not feature on form MN1 for a 3(1) section application.
btw - don't get upset about this, I'm itemising points of detail for clarity, one by one.
(I have gone through a similar application for my family & same applied to me too).
In this case, minor will require settled status, ILR or PR.
Usually both parents to be settled & applying for citizenship (or one to be naturalised & other applying to naturalise). But see below...
Regarding biological father, he is entered on form MN1 as 'father'.
If there is no contact, no support, no parental responsibility (etc) then all these details need to be explained to justify why:
a) father's permission is not sought/provided;
b) father's immigration status (&/or lack of connection to UK) is to be discounted;
- a cogent covering letter is useful here.
Note mother will need to have naturalised or be
applying to naturalise along with registration of her born-abroad son.
For a minor aged over 10 years the 'good character' test applies (same as for adults).
No precise residency period (in UK) is specified but a couple of years is 'expected'.
See HO guidance that includes coverage of issues regarding an estranged parent (contact, permission, responsibility/support & etc).
Ref:
https://www.gov.uk/government/uploads/s ... 150402.pdf
Hope it helps.
Good luck.
