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Hi,

Can children who were born in 2000/2001 and have a father who has become British by naturalisation in 2003 (so 2/3 years after they were born) apply for British citizenship using form UKF?
Thank you in advance.

No they cannot.

If the father and mother never married to a child born beforeJuly 2006, then UFK is the appropriate, otherwise if they married, it is MN1.

I must add that the guidance state that minor born before July 2006 to unmarried parents must use MN1.

If there was no automatic claim to British citizenship had the parents been married, then registration using form UKF is also not possible.

vinny wrote:If there was no automatic claim to British citizenship had the parents been married, then registration using form UKF is also not possible.

I am not sure that the above is correct. Section 4F was enacted not for those that could have had an automatic claim for citizenship, but those who would have been entitled to register under section 1 (3), had their parents been married at the time of their birth or anytime thereafter.

Obie wrote:

vinny wrote:If there was no automatic claim to British citizenship had the parents been married, then registration using form UKF is also not possible.

I am not sure that the above is correct. Section 4F was enacted not for those that could have had an automatic claim for citizenship, but those who would have been entitled to register under section 1 (3), had their parents been married at the time of their birth or anytime thereafter.

Neither is relevant to the OP's question as he naturalised as BC 3/2 years AFTER his children were born. UKF is not relevant to this query as children were not born to a BC father.

UKF does not only apply to UK citizens father. It also applies to a settled father, whose children or child would have acquired citizenship automatically had they been married to the mother at the time the child was born or thereafter .

Obie wrote:UKF does not only apply to UK citizens father. It also applies to a settled father, whose children or child would have acquired citizenship automatically had they been married to the mother at the time the child was born or thereafter .

I disagree. UKF was specifically brought in to fix the injustice of children born out of wedlock to British fathers. I can find no reference that UKF applies to a 'settled' father holding PR or ILR.

I think focus should be placed on the law and not the forms.

Other than UKM, which applies to those people who could have acquired British Citizens by descent had British women being able to pass on British citizen to children born to them overseas before the 1st January 1983, UKF cover a lot more. The law it self does not confine it to Children who were born to British father.

It states those who could have acquired citizenship at Birth through 1 (1) or 2 (1) or being able to Register under section 1 (3), 3 (2) , or 3 (5), had their parents being married at the time they were born.

Therefore the law and form's are not designed for pepole who were born to British father, but those who could have acquired citizenship had their parents being married at the time they were born. This could also include settled father's, as the 1981 act provides for UK born child to acquire citizenship from a settled father. However before the's changes , section 51 limited it to only those father who were married to the mother.

I think that Obie is correct. I forgot about entitlement cases.

4F(1)(b)(i) should include an unmarried settled father whose UK born child would otherwise have been entitled to register under Section 1(3).

OP does not state where the children were born. Perhaps the OP could clarify.

Hi,
Thank you so much for your replies. My children were born here in the UK. I am extremely confused about this form. I have tried to contact the home office but no success. I guess it is such a busy time for them.

What was your immigration status when each of them were born?

What is their current immigration status?

CR001 wrote:What was your immigration status when each of them were born?

What is their current immigration status?

French all of us, except their dad who became British in 2003.

As you are a French national who came to UK in 1999, it may be the case that your child who was born in 2000 may be a British citizen, depending on the month in which he or she was born.

Obie wrote:As you are a French national who came to UK in 1999, it may be the case that your child who was born in 2000 may be a British citizen, depending on the month in which he or she was born.

Yes in 1999. My first one was born in May 2000. My second one in December 2001.

If you are the unmarried father of that child that was born in May 2000, and has never married since, then it will have to be UKF £80. If you are the mother or your are the father who came to UK in 1999, and have since married to the mother, it will be straight citizenship. This is in relation to May 2000 child.

2001 child will need to be registered MN1 or UKF, full fees, £934 or 936, full fee.

Obie wrote:If you are the unmarried father of that child that was born in May 2000, and has never married since, then it will have to be UKF £80. If you are the mother or your are the father who came to UK in 1999, and have since married to the mother, it will be straight citizenship. This is in relation to May 2000 child.

2001 child will need to be registered MN1 or UKF, full fees, £934 or 936, full fee.

Thank you for you reply

I need to emphasise for the purpose of not being accused of providing misleading information, that the benifits I mentioned the may 2000 child can acquire, is contigent on you having exercised treaty rights in the UK during that period.

As they are 16 and 15 years old, form MN1 wouldn't apply, would it? I have just read the requirements and it is mentioned that 'Children born in the UK who have lived there for at least the first 10 years of their life – British Nationality Act 1981, section 1(4) – see guide T Form'. Thus it's T FORM?

MN1 applies to applicants under the age of 18.

Form T is fine, if there was never an absence from the UK for more than 90 days in a year in first 10 years of their life.

MN1 is easier to fill and does not require much documents.

In case of the 1st child, form T is too costly if you were working and living in the UK in 2000.

MN 1 can be used up to 18.

Right. Thanks. I had a look at the cost and wow.