UKF or Not (missed by 20 days)

[Zed2020]

Hi

If child is born after July 1st 2006 (20 days or so) is there any discretion to complete UKF application to be eligible for British Citizenship/Passport?

Mum & Dad never married
Dad is named on Birth Certificate
Mum is EEA National who at time of Childs Birth was living in England for only 2 years
Dad acquired British Citizenship via Mum in 2010
Sibling born in 2010 is British Citizen & has British Passport
Mum & Dad split up in 2011
Minimal contact with Dad who refuses to support application

Is Child eligible for British Citizenship via Dad being British Citizen or in her own right? Unfair that Child misses eligibility for UKF by 20 days or so...

What is best advice going forward?

[CR001]

If child is born after July 1st 2006 (20 days or so) is there any discretion to complete UKF application to be eligible for British Citizenship/Passport?

No, as the requirement clearly states only for those born BEFORE 1st July. This is the effective date of when legislation (law) changed regarding children of British unmarried fathers. Children born after this date would be automatically British if born in the UK to a British of settled (PR) father.

Mum & Dad never married
Dad is named on Birth Certificate
Mum is EEA National who at time of Childs Birth was living in England for only 2 years
Dad acquired British Citizenship via Mum in 2010
Sibling born in 2010 is British Citizen & has British Passport
Mum & Dad split up in 2011
Minimal contact with Dad who refuses to support application

Is Child eligible for British Citizenship via Dad being British Citizen or in her own right? Unfair that Child misses eligibility for UKF by 20 days or so...

Child would only be British if the father was British at the time of the childs birth.

What is best advice going forward?

If you are the EU citizen mum, do you have PR or Settled status in the UK? IF yes, you can register the UK born child as British on form MN1, costs £1023.

[Zed2020]

Thanks for your prompt reply

So 13 Year Old Daughter needs to complete British Citizenship application - isn't the current fee being changed soon?

[CR001]

So 13 Year Old Daughter needs to complete British Citizenship application - isn't the current fee being changed soon?

No. HO is appealing the court decision. There is no indication if or when it will change. Until that is known, normal fees are applicable.

[Zed2020]

Thanks

Mum isn't British Citizen - but lived here since 2004
Does she need to do Life in UK test prior to completing Registration?
Is she not eligible for Citizenship via her Son (age 9) who is British Citizen?
What other options if any???

[CR001]

Mum isn't British Citizen - but lived here since 2004

The mum needs to hold PR or Settled Status under the EU Settlement Scheme to be able to register the child as British. Evidence of settled status will be required. If the mum has held PR or Settled Status for 12 months, then the mum can also apply for Citizenship.

Does she need to do Life in UK test prior to completing Registration?

Mum yes, child no. Mum will also need English B1.

Is she not eligible for Citizenship via her Son (age 9) who is British Citizen?

There is no route to citizenship application simply because you have a child who is British.

What other options if any???

I have given you the options. Not sure what else you are expecting. The rules are very clear on citizenship. There is no loophole or secret route.

[Zed2020]

Thanks

Much appreciated for the clarification

[Zed2020]

Update...

Dad says he had settled status when daughter was born - and says daughter doesn't need to apply for British Citizenship

Therefore just go ahead and apply for British Passport...

Is this correct?

[CR001]

If he has proof of settled status, or indefinite leave to remain or permanent residence, then yes

[Zed2020]

Update...

Dad says he had settled status when daughter was born - and says daughter doesn't need to apply for British Citizenship

Therefore just go ahead and apply for British Passport...

Is this correct?

[Zed2020]

If he has proof of settled status, or indefinite leave to remain or permanent residence, then yes

Thank you