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Hello.I have complicated situation.My child was born in june 2006,me and her dad not married.her dad has indefenite granted.I am holding 5 years Resident card under EU regualation through my husband,and my child also holding same RES.card as me,but because her father has his ILR granted can she apply for citizenship.HO say no,first I have to apply for my ILR in couple of years,after she can get it.Some soliitors says yes she can because her father is settle in UK,some are say no.So I am a bit confused can we try using form MN1.do u think we can win the case?thank you so much.

http://www.ukba.homeoffice.gov.uk/briti ... ishfather/

Although the Home Office website doesn't say it, the Nationality Instructions confirm that they will (at least for now) register if the unmarried father is "settled" (even if not a British citizen).

Alternatively - when did you get your EEA residence card?

lolik12345 wrote:Hello.I have complicated situation.My child was born in june 2006,me and her dad not married.her dad has indefenite granted.I am holding 5 years Resident card under EU regualation through my husband,and my child also holding same RES.card as me,but because her father has his ILR granted can she apply for citizenship.HO say no,first I have to apply for my ILR in couple of years,after she can get it.Some soliitors says yes she can because her father is settle in UK,some are say no.So I am a bit confused can we try using form MN1.do u think we can win the case?thank you so much.

Where was the child born? In UK or abroad?If the child was born in UK and one of the parents had ILR before the child was born,then the child is british by birth,no registration is needed.If on the other hand the child was born after ILR was granted,then the child needs to be registered using MN1 form with the appropriate fees £470.However,if the child is born outside UK ,then registration is at the discretion of secretary of state i.e it is not by right.
In the nutshell it depends on where the child was born,when the parent received ILR.

[quote="JAJ"]http://www.ukba.homeoffice.gov.uk/briti ... ishfather/

Although the Home Office website doesn't say it, the Nationality Instructions confirm that they will (at least for now) register if the unmarried father is "settled" (even if not a British citizen).

Alternatively - when did you get your EEA residence card?[/quote].Hi Jaj thank you so much for your reply,I get My Resident card in 2008.so she has same Res card as me.thank you again.

Thanks for your reply,child was born here in UK.we stay with her father untill 2007,after I married my EU husband,as I said with her father we never been married HO refused our application certificate on approval in early 2005,because he did not had status by that time,He was granted ILR just recently,this month.Maybe someone had similar situation?more opinions always better.thank you.

lolik12345 wrote:Thanks for your reply,child was born here in UK.we stay with her father untill 2007,after I married my EU husband,as I said with her father we never been married HO refused our application certificate on approval in early 2005,because he did not had status by that time,He was granted ILR just recently,this month.Maybe someone had similar situation?more opinions always better.thank you.

More opinions not always better if they are wrong/confusing.

Is there anything wrong with the advice you received in post #2?

[quote]More opinions not always better if they are wrong/confusing.

Is there anything wrong with the advice you received in post #2?[/quote]


Nothing wrong is there,but seems father has to have to be british by himself,and after it will be possible.IT does not say about settlement of one of parent.(ILR)

lolik12345 wrote:,but seems father has to have to be british by himself,and after it will be possible.IT does not say about settlement of one of parent.(ILR)

Read section 9.9 of the Nationality Instructions and it is clear that a "settled" father is acceptable:
http://www.ukba.homeoffice.gov.uk/sitec ... ichapter9/