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Hi,

I'm very much confused and need some help. I'm a separated mother on discretionary leave to remain living with my son who is also on discretionary leave to remain. My son was born in the UK. Recently I discovered that the father of my son has been granted ILR and someone advised me that I should make an application to register my son as a British citizen because one parent is now settled.

As per the application form, I need copies of his father's ILR & Passport and signature on the form but when I emailed him, he blatantly refused to help with the application !!!

A UK born child is entitled to register a British once either parent obtains ILR, regardless of child's or other parents current nationality or visa status.

I'm not sure what to do now?
Can I still make an application for my son to register as British citizen and write a cover note that the father has been granted ILR but he refused to help with the application but the fact remains that one parent is now settled and that the child born in the UK, fulfilling the requirements, therefore child should be registered as British Citizen.

Why should a child suffer if the father is failing to act in the best interest of a child?
Please advise me on what options are available for me?

Thanks in advance.

The application form might ask for copy of the father's ILR/passport- but the law does not. The form is only a guide and does not deal with exceptional cases such as this. Registration as a British citizen under section 1(3) of the British Nationality Act is an entitlement and while the Home Office may ask for reasonable evidence to establish the claim, they cannot lawfully insist on applicants providing information that they are perfectly capable of looking up for themselves.

Are you sure he has ILR?- also, is still living in the United Kingdom?

If so, it would normally be recommended to go ahead and apply and include all relevant documentation including details of your separation. Plus Child support documentation (he is paying child support- isn't he?). Also give all details you have about the father- name, date/place of birth, etc. Were you married to the father and/or are the father's details on the birth certificate?

Not a good attitude towards his son's welfare and you may want to take that into account when considering visitation rights, etc. in future- but he should still pay child support regardless.

Dear JAJ,
Thanks a lot for your detailed response.

Yes, he has been granted ILR and still living in the UK.
No, he's not paying child support.
Yes, his name is on the birth certificate.
He does not visit, just phone calls to his son.

His father's refusal to consent and providing documents for the application worries me. I'm aware that the Home Office is very strict towards incomplete application forms etc. so in the absence of father's ILR / Passport and signature they might invalidate the application and I will end up losing my money.

My son will be able to apply for ILR next year after completing 6 years on DLR but the fee would be in the region of 2,297 where fee for MN1 is £973 and as you can see there's a huge difference in costs, that's another reason I wish to make application MN1.

Should I go ahead and make application MN1 without father's consent and his documents?

Once again, thanks for your help and advice.
Shaz

The Home Office cannot reject an application as invalid as long as it contains a few basic details + fee and is made to the correct receiving authority. See page 8 of the Nationality Policy Guidance:
https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

It's not mandatory to use the form MN1, etc.- although strongly recommended to avoid processing delays- it is not a legal mandate.

Once a valid application is established, the Home Office must consider it in line with the law. The British Nationality Act states that a person under 18 with a settled parent "shall be entitled" to registration as a British citizen. Not "shall be entitled, if parent sends passport copy to Home Office" or with similar qualifications. While it is not clearly explained in the Nationality Instructions- and you will not find out for sure without making an application- it would appear to be illegal for the Home Office to refuse the application when they will have the records of the father's ILR on their own files. You would of course include with the application all details you have about the father, including where he is living, child support documentation, etc.

You say he speaks to his son on the phone- has he explained to his son why he's trying to stop him becoming British? (shameful). Or would he be willing to send in the application to the Home Office (on behalf of his son) himself, if he doesn't want you to see his passport/ILR details?

JAJ, you're a star, thank you so much for your time and efforts.

I will ask him one more time if he is going to assist with the application or not, if not, I will visit NCS along with the print out of the PDF you mentioned and will submit an application (using Form MN1) without his documents.

once again, thanks.
take care

Hi,

Child was born in the UK and now 9 years of age and on DL.
1 parent (father, who does not live with the child) is settled & British and the other parent is on DL with whom the child lives.

According to BNA :

You can register to become a British citizen if you fulfil all of the criteria:

• you were born in the UK on or after 1 January 1983
• you’re under 18 when you apply
• one of your parents has become a British citizen or settled in the UK since you were born

My child fulfill all above requirements but the problem is that the British father of my child is not willing to help me with the child’s application. He is saying he will not give consent or provide documents i.e. copy of his British passport !!!

What options do I have?

Please help.

Is this related to your previous question??

british-citizenship/form-mn1-non-reside ... l#p1521833

CR001 wrote: ↑

Fri Nov 17, 2017 10:08 am

Is this related to your previous question??

british-citizenship/form-mn1-non-reside ... l#p1521833

Yes, but sorry I could not find the previous post !

I have spoken to an advisor but he is saying I must get the evidence and consent from the father for the application and the dilemma is that the father is refusing to help !!!

What should I do? please help

What should I do? please help

Suggest read the advice that JAJ has already given you.

Page 28 of the guidance notes clearly states which applications must have consent of both parents. Section 1(3) applications is NOT one of them.

https://www.gov.uk/government/uploads/s ... y_2017.pdf

Thanks CR001,

SECTION 7: CONSENT TO THE APPLICATION
For section 3(5) it is a legal requirement that both parents consent to the application. In the case of widowed, divorced or separated parents, this only applies to one parent. If the child’s parents were not married, only the mother needs to consent – unless citizenship is being applied for on the basis of a British citizen father, when he will need to consent.

- application will be on the basis of British citizen father !!!

I'm very confused
Don't know if I can make the application without father's documents and consent ???
I don't know what to do !!!
why some people make life so hard

You are NOT applying under Section 3(5). You are applying under section 1(3) which is an entitlement to register, that particular paragraph DOES NOT apply to you.

OK, thanks for clarifying the consent requirements, but what about the evidence of his settled status / documents, he is not providing any documents !!!
do I have to send his documents with the application? or will the Home Office find his status records themselves?

any idea?

Please do read the advice that moderator JAJ already provided.

CR001 wrote: ↑

Fri Nov 17, 2017 2:55 pm

Please do read the advice that moderator JAJ already provided.

After reading advice provided by JAJ and the following, I am confused !

https://www.legislation.gov.uk/ukpga/1981/61/section/1

(3)A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) [F7, (1A)] or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a)his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b)an application is made for his registration as a British citizen.

Please note: part (b) suggest an application must be made and the application is required me to use Form MN-1 and send evidence of father's settled status which the father does have but I don't have a copy of his status document, and he will not provide me one, therefore I'm not sure if I can make application for my child?

Should I make the application without father's status documents or not, £973 is a lot of money for me?

Thanks

I think moderators clearly advised you that if you don't have evidence you don't need to provide as Home Office already have it. Its an entitlement not discretion. You can provide details as much as you can. But its solely upon you.

If still you are not satisfied then better pay £2272 which at least give you the satisfaction. Thanks

Child's current leave is valid and If I make in-time nationality application on Form-MN1 (basis on his father but without father's ILR documents), I guess 3c will engage until decision time? and in case MN1 gets refused can I make FLR or SET(O) application? Is there any provision or grace period of making fresh application after refusal?

thanks

I guess 3c will engage until decision time?

No. Section 3C of the Immigration Rules DOES NOT apply to the British Nationality LAWS.

and in case MN1 gets refused can I make FLR or SET(O) application? Is there any provision or grace period of making fresh application after refusal?

If the visa expires and the MN1 is refused, the child will be an 'overstayer' or have no 'valid leave to remain'. There is no 'grace period' to apply for a visa if citizenship is refused.

Citizenship does not fall within the concessions application to the immigration rules. They are two completely separate sets of requirements/rules.

Child born in the UK can apply for registration on Form-T after 10
Does the child need to have a valid leave? Or a child without any leave can apply?
What would be the chances of success?
any idea?

Application granted
Granted under S1(3) birth in the UK to parents who are now settled in the UK

Application : Form MN1 - Register as a British citizen (Child)
Application made to HO without the copy of father's ILR and consent and his help.
HO recognised the issue of separated parents and correctly followed the BNA / nationality law and granted application.