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Applying for British Citizenship without one parent consent

Posted: Tue Jun 11, 2013 10:24 am
by iwa.ash888
Hello everyone. Does anyone know if I can apply for my child's British Citizenship without her father's consent? We are divorced, he doesn't have and doesn't want any contact with my daughter. We are Polish.

Thanks!

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 10:30 am
by Amber
iwa.ash888 wrote:Hello everyone. Does anyone know if I can apply for my child's British Citizenship without her father's consent? We are divorced, he doesn't have and doesn't want any contact with my daughter. We are Polish.

Thanks!
It's only required for 3(5) and 4(D) applications. It would be expected that you both consent but you alone should suffice if you just include information that the child has no contact with the father, evidence from a teacher or similar would be beneficial.

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:06 am
by iwa.ash888
Thank you very much. Could you please tell me what are those applications you mentioned? Also, as a mother of a child, do I need to apply for it first? My husband is British, so I guess I could apply for a naturalisation.

Thank you very much one more time.

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:27 am
by Amber
iwa.ash888 wrote:Thank you very much. Could you please tell me what are those applications you mentioned? Also, as a mother of a child, do I need to apply for it first? My husband is British, so I guess I could apply for a naturalisation.

Thank you very much one more time.
How old is your child? If the father was British when the child was born the child is likely automatically a British Citizen and you should be applying for the child's passport not to register the child.

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:29 am
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:Thank you very much. Could you please tell me what are those applications you mentioned? Also, as a mother of a child, do I need to apply for it first? My husband is British, so I guess I could apply for a naturalisation.

Thank you very much one more time.
Was your child born in the UK and are you settled (have ILR/PR)?


My daughter was born in Poland, but lived here since september 2007, so nearly 6 years, without any breaks. Her father is Polish, but we don't have any ILR or PR. Do we need them?

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:30 am
by Amber
iwa.ash888 wrote:
D4109125 wrote:
iwa.ash888 wrote:Thank you very much. Could you please tell me what are those applications you mentioned? Also, as a mother of a child, do I need to apply for it first? My husband is British, so I guess I could apply for a naturalisation.

Thank you very much one more time.
Was your child born in the UK and are you settled (have ILR/PR)?


My daughter was born in Poland, but lived here since september 2007, so nearly 6 years, without any breaks.
Ok sorry so your ex-husband (the biological Father) is polish. Ok then it appears this would be a section 3(1) application and the child would be able to register as a British Citizen but only with discretion so best wait until you are British too or apply together. So you should consent and include information why the Biological Father cannot.

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:31 am
by iwa.ash888
Sorry. One more time. Father is Polish. My daughter is 7, lived in UK since she was 1.5 years old. We don't have any settlement documents.

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:33 am
by Amber
iwa.ash888 wrote:Sorry. One more time. Father is Polish. My daughter is 7, lived in UK since she was 1.5 years old. We don't have any settlement documents.
As long as you were exercising treaty rights continuously for 5 years you are settled (have PR). It may be easier to get a PR card to prove this but you can make a claim based on other evidence such as an employment letter and WRS certificate (if applicable).

Re: Applying for British Citizenship without one parent cons

Posted: Tue Jun 11, 2013 11:36 am
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:Sorry. One more time. Father is Polish. My daughter is 7, lived in UK since she was 1.5 years old. We don't have any settlement documents.
As long as you were exercising treaty rights continuously for 5 years you are settled (have PR). It may be easier to get a PR card to prove this but you can make a claim based on other evidence such as an employment letter and WRS certificate (if applicable).

Ok, thank you very much.

Posted: Tue Jun 11, 2013 11:37 am
by Amber
You need to meet the standard requirements which it appears you do, so far as you were a qualified person (exercising treaty rights for 5 years). As a result you daughter could apply to register as British based on section 3(1) - discretion so if you apply together your daughter stands a good chance.

Posted: Tue Jun 11, 2013 12:39 pm
by iwa.ash888
D4109125 wrote:You need to meet the standard requirements which it appears you do, so far as you were a qualified person (exercising treaty rights for 5 years). As a result you daughter could apply to register as British based on section 3(1) - discretion so if you apply together your daughter stands a good chance.
I understand, so does that mean that if I would apply for the naturalisation, and pay my fee, I could apply to register my daughter and not to pay the fee for the citizenship or is it the same application? Sorry I got a bit confused. Could you please tell me what forms I should use? Thank you so much. you are a great help!

Posted: Tue Jun 11, 2013 12:42 pm
by Amber
iwa.ash888 wrote:
D4109125 wrote:You need to meet the standard requirements which it appears you do, so far as you were a qualified person (exercising treaty rights for 5 years). As a result you daughter could apply to register as British based on section 3(1) - discretion so if you apply together your daughter stands a good chance.
I understand, so does that mean that if I would apply for the naturalisation, and pay my fee, I could apply to register my daughter and not to pay the fee for the citizenship or is it the same application? Sorry I got a bit confused. Could you please tell me what forms I should use? Thank you so much. you are a great help!
There would still be a fee, what I mean is that as your daughter's application for registration would be based on discretion the fact that you are to be British would reflect favourable see here for what the HO would consider.

Your application would be on form AN and your daughter would be on MN1.

Posted: Tue Jun 11, 2013 12:48 pm
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:
D4109125 wrote:You need to meet the standard requirements which it appears you do, so far as you were a qualified person (exercising treaty rights for 5 years). As a result you daughter could apply to register as British based on section 3(1) - discretion so if you apply together your daughter stands a good chance.
I understand, so does that mean that if I would apply for the naturalisation, and pay my fee, I could apply to register my daughter and not to pay the fee for the citizenship or is it the same application? Sorry I got a bit confused. Could you please tell me what forms I should use? Thank you so much. you are a great help!


There would still be a fee, what I mean is that as your daughter's application for registration would be based on discretion the fact that you are to be British would reflect favourable see here for what the HO would consider.

Your application would be on form AN and your daughter would be on MN1.

That's great, thank you very much. Just one more question. Is there any service helping with those fees or is it necessary to pay the whole amount?

Posted: Tue Jun 11, 2013 1:00 pm
by Amber
iwa.ash888 wrote:
D4109125 wrote:
iwa.ash888 wrote:
D4109125 wrote:You need to meet the standard requirements which it appears you do, so far as you were a qualified person (exercising treaty rights for 5 years). As a result you daughter could apply to register as British based on section 3(1) - discretion so if you apply together your daughter stands a good chance.
I understand, so does that mean that if I would apply for the naturalisation, and pay my fee, I could apply to register my daughter and not to pay the fee for the citizenship or is it the same application? Sorry I got a bit confused. Could you please tell me what forms I should use? Thank you so much. you are a great help!


There would still be a fee, what I mean is that as your daughter's application for registration would be based on discretion the fact that you are to be British would reflect favourable see here for what the HO would consider.

Your application would be on form AN and your daughter would be on MN1.

That's great, thank you very much. Just one more question. Is there any service helping with those fees or is it necessary to pay the whole amount?
If you have been involved in domestic abuse then you may get some charitable assistance but otherwise it's unlikely.

Posted: Tue Jun 11, 2013 1:12 pm
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:
D4109125 wrote:
iwa.ash888 wrote:
I understand, so does that mean that if I would apply for the naturalisation, and pay my fee, I could apply to register my daughter and not to pay the fee for the citizenship or is it the same application? Sorry I got a bit confused. Could you please tell me what forms I should use? Thank you so much. you are a great help!


There would still be a fee, what I mean is that as your daughter's application for registration would be based on discretion the fact that you are to be British would reflect favourable see here for what the HO would consider.

Your application would be on form AN and your daughter would be on MN1.

That's great, thank you very much. Just one more question. Is there any service helping with those fees or is it necessary to pay the whole amount?
If you have been involved in domestic abuse then you may get some charitable assistance but otherwise it's unlikely.
Well, no, I haven't. But I'm a full time student. Still no chance?

Posted: Tue Jun 11, 2013 2:10 pm
by Casa
No concessions for students.

Posted: Tue Jun 11, 2013 3:02 pm
by Jambo
iwa.ash888 wrote: Well, no, I haven't. But I'm a full time student. Still no chance?
How long have you been a student? In order to be eligible for BC, you need to hold PR. if you are EEA national (EU) and a student, the HO requires you to hold a private medical insurance (CSI) for your time as a student to be considered for PR. otherwise, your application will fail and you will lose the fees.

Posted: Wed Jun 19, 2013 3:56 pm
by iwa.ash888
Jambo wrote:
iwa.ash888 wrote: Well, no, I haven't. But I'm a full time student. Still no chance?
How long have you been a student? In order to be eligible for BC, you need to hold PR. if you are EEA national (EU) and a student, the HO requires you to hold a private medical insurance (CSI) for your time as a student to be considered for PR. otherwise, your application will fail and you will lose the fees.

Hi. I won't be applying for the BC because I'm a student, but because I've been here for over 5 years and I'm married to a British person.

Re: Applying for British Citizenship without one parent cons

Posted: Wed Jun 19, 2013 3:59 pm
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:Hello everyone. Does anyone know if I can apply for my child's British Citizenship without her father's consent? We are divorced, he doesn't have and doesn't want any contact with my daughter. We are Polish.

Thanks!
It's only required for 3(5) and 4(D) applications. It would be expected that you both consent but you alone should suffice if you just include information that the child has no contact with the father, evidence from a teacher or similar would be beneficial.
Hello! Could I just ask one question. As you said, I could sign the application, without the signature of my daughter's biological father. I just phoned one solicitor and he told me, that I can't do it. I am getting a little bit confused, there is no clear answer anywhere. How do I know what to do? Please help.

Iwa

Re: Applying for British Citizenship without one parent cons

Posted: Wed Jun 19, 2013 4:02 pm
by Amber
iwa.ash888 wrote:
D4109125 wrote:
iwa.ash888 wrote:Hello everyone. Does anyone know if I can apply for my child's British Citizenship without her father's consent? We are divorced, he doesn't have and doesn't want any contact with my daughter. We are Polish.

Thanks!
It's only required for 3(5) and 4(D) applications. It would be expected that you both consent but you alone should suffice if you just include information that the child has no contact with the father, evidence from a teacher or similar would be beneficial.
Hello! Could I just ask one question. As you said, I could sign the application, without the signature of my daughter's biological father. I just phoned one solicitor and he told me, that I can't do it. I am getting a little bit confused, there is no clear answer anywhere. How do I know what to do? Please help.

Iwa
See the guide (click) at page 27.

Re: Applying for British Citizenship without one parent cons

Posted: Wed Jun 19, 2013 4:11 pm
by iwa.ash888
D4109125 wrote:
iwa.ash888 wrote:
D4109125 wrote:
iwa.ash888 wrote:Hello everyone. Does anyone know if I can apply for my child's British Citizenship without her father's consent? We are divorced, he doesn't have and doesn't want any contact with my daughter. We are Polish.

Thanks!
It's only required for 3(5) and 4(D) applications. It would be expected that you both consent but you alone should suffice if you just include information that the child has no contact with the father, evidence from a teacher or similar would be beneficial.
Hello! Could I just ask one question. As you said, I could sign the application, without the signature of my daughter's biological father. I just phoned one solicitor and he told me, that I can't do it. I am getting a little bit confused, there is no clear answer anywhere. How do I know what to do? Please help.

Iwa
See the guide (click) at page 27.

Thank you very much. Please just tell me if I'm wrong, if I'm divorced, my signature is sufficient according to the information of page you gave me. Is that right?

Posted: Wed Jun 19, 2013 6:52 pm
by Amber
You are applying under 3(1) so you only need one consent so far as you explain why the other patent cannot consent e.g. Estranged.